State v. Thomas
This text of 954 So. 2d 1253 (State v. Thomas) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The STATE of Florida, Appellant,
v.
Anthony THOMAS, Appellee.
District Court of Appeal of Florida, Third District.
Bill McCollum, Attorney General, and Laura Moszer, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellee.
Before GERSTEN, RAMIREZ, and WELLS, JJ.
PER CURIAM.
The trial court erred by imposing a downward departure sentence upon the defendant, over the State's objection, without providing a written statement delineating the reasons for the departure. See Fla. R.Crim. P. 3.701(d)(11); State v. Sherman, 909 So.2d 963 (Fla. 3d DCA 2005); State v. Jones, 579 So.2d 884 (Fla. 2d DCA 1991); State v. Brown, 542 So.2d 1371 (Fla. 4th DCA 1989). Accordingly, we reverse and remand for further proceedings.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
954 So. 2d 1253, 2007 WL 1201757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-fladistctapp-2007.