State v. Wojtowicz

District Court of Appeal of Florida

State v. Wojtowicz

576 So. 2d 894, 1991 Fla. App. LEXIS 2669, 1991 WL 38136

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1991

DocketNo. 89-02829

StatusPublished

This text of 576 So. 2d 894 (State v. Wojtowicz) 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.

Bluebook

State v. Wojtowicz, 576 So. 2d 894, 1991 Fla. App. LEXIS 2669, 1991 WL 38136 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The state has appealed the trial court’s downward departure from the sentencing guidelines when imposing sentence upon the appellant for robbery and resisting an officer with violence. The state’s contention that the court failed to provide written reasons to support the departure sentence is without merit. While departure reasons are often written on the guidelines score-sheet, there is no requirement that the reasons only be written at that location. In this case, the court wrote the departure reason on the sentence. The departure reason given, specifically, the appellant’s severe drug problem and amenability to rehabilitation, is valid. Herrin v. State, 568 So.2d 920 (Fla.1990).

Affirmed.

SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.

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PER CURIAM.

The state has appealed the trial court’s downward departure from the sentencing guidelines when imposing sentence upon the appellant for robbery and resisting an officer with violence. The state’s contention that the court failed to provide written reasons to support the departure sentence is without merit. While departure reasons are often written on the guidelines score-sheet, there is no requirement that the reasons only be written at that location. In this case, the court wrote the departure reason on the sentence. The departure reason given, specifically, the appellant’s severe drug problem and amenability to rehabilitation, is valid. Herrin v. State, 568 So.2d 920 (Fla.1990).

Affirmed.

SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.

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Bluebook (online)

576 So. 2d 894, 1991 Fla. App. LEXIS 2669, 1991 WL 38136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wojtowicz-fladistctapp-1991.

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