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Ferguson v. State

District Court of Appeal of Florida, Fifth District
Sep 21, 1989
548 So. 2d 1183 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-172.

September 21, 1989.

Appeal from the Circuit Court for Seminole County; Robert B. McGregor, Judge.

James B. Gibson, Public Defender, and Kathryn R. Radtke, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Fleming Lee, Asst. Atty. Gen., and Robin Compton, Certified Legal Intern, Daytona Beach, for appellee.


The appellant, Robert Ferguson, appeals his guideline departure sentence because the trial judge did not provide written reasons for departure as required by Fla.R. Crim.P. 3.701(d)(11). Accordingly, the sentence is vacated and remanded for resentencing. See Wilkerson v. State, 513 So.2d 664 (Fla. 1987); State v. Jackson, 478 So.2d 1054 (Fla. 1985), superceded on other grounds by Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987).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, J. and ORFINGER, M., J., (retired), concur.


Summaries of

Ferguson v. State

District Court of Appeal of Florida, Fifth District
Sep 21, 1989
548 So. 2d 1183 (Fla. Dist. Ct. App. 1989)
Case details for

Ferguson v. State

Case Details

Full title:ROBERT RAY FERGUSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 21, 1989

Citations

548 So. 2d 1183 (Fla. Dist. Ct. App. 1989)

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Ferguson v. State

BARKETT, Judge. We have for review Ferguson v. State, 548 So.2d 1183 (Fla. 5th DCA 1989), which is in express…