Weakley v. State

District Court of Appeal of Florida

Weakley v. State

547 So. 2d 951, 14 Fla. L. Weekly 1557, 1989 Fla. App. LEXIS 3658, 1989 WL 69807

District Court of Appeal of Florida·Decided June 29, 1989·No. No. 88-840·Published

Opinion

GOSHORN, Judge.

The appellant, John Morgan Weakley, appeals his guideline departure sentence. The trial judge orally announced his reasons for departure yet did not reduce those reasons to writing as required by Fla.R. Crim.P. 3.701(d)(ll). We vacate the sentence and remand for resentencing. See State v. Jackson, 478 So.2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987). If, upon remand, the trial court imposes a departure sentence, it must supply written reasons. Pope v. State, 542 So.2d 423 (Fla. 5th DCA 1989).

REVERSED and REMANDED. ■

SHARP, C.J., and ORFINGER, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

GOSHORN, Judge.

The appellant, John Morgan Weakley, appeals his guideline departure sentence. The trial judge orally announced his reasons for departure yet did not reduce those reasons to writing as required by Fla.R. Crim.P. 3.701(d)(ll). We vacate the sentence and remand for resentencing. See State v. Jackson, 478 So.2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987). If, upon remand, the trial court imposes a departure sentence, it must supply written reasons. Pope v. State, 542 So.2d 423 (Fla. 5th DCA 1989).

REVERSED and REMANDED. ■

SHARP, C.J., and ORFINGER, J., concur.

Weakley v. State, 547 So. 2d 951, 14 Fla. L. Weekly 1557, 1989 Fla. App. LEXIS 3658, 1989 WL 69807 (Fla. Ct. App. 1989).

Pincite

547 So. 2d 951 (Weakley v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related