Wilburn v. State

District Court of Appeal of Florida

Wilburn v. State

696 So. 2d 496, 1997 Fla. App. LEXIS 7588, 1997 WL 363007

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1997

DocketNo. 96-2205

StatusPublished

This text of 696 So. 2d 496 (Wilburn 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.

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Wilburn v. State, 696 So. 2d 496, 1997 Fla. App. LEXIS 7588, 1997 WL 363007 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

As the State properly concedes, the trial court erred by imposing an upward departure sentence without giving written reasons for the departure. However, a review of the record reveals that the trial court was un[497]*497aware that it was imposing a departure sentence. Therefore, on remand, the trial court is permitted to reconsider whether a departure from the sentencing guidelines is appropriate and if so, to set forth valid reasons for the departure. State v. Betancourt, 552 So.2d 1107, 1108 (Fla.1989).

The defendant’s remaining point lacks merit.

Affirmed, in part; reversed, in part, and remanded for resentencing.

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PER CURIAM.

As the State properly concedes, the trial court erred by imposing an upward departure sentence without giving written reasons for the departure. However, a review of the record reveals that the trial court was un[497]*497aware that it was imposing a departure sentence. Therefore, on remand, the trial court is permitted to reconsider whether a departure from the sentencing guidelines is appropriate and if so, to set forth valid reasons for the departure. State v. Betancourt, 552 So.2d 1107, 1108 (Fla.1989).

The defendant’s remaining point lacks merit.

Affirmed, in part; reversed, in part, and remanded for resentencing.

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696 So. 2d 496, 1997 Fla. App. LEXIS 7588, 1997 WL 363007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilburn-v-state-fladistctapp-1997.

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