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

CourtDistrict Court of Appeal of Florida

DecidedJune 29, 1989

DocketNo. 88-840

StatusPublished

This text of 547 So. 2d 951 (Weakley v. State) 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

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

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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.

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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.

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Bluebook (online)

547 So. 2d 951, 14 Fla. L. Weekly 1557, 1989 Fla. App. LEXIS 3658, 1989 WL 69807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weakley-v-state-fladistctapp-1989.

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