Johnson v. State

Full title: DWIGHT JOHNSON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 23, 1987

508 So. 2d 779 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2326.

June 23, 1987.

Appeal from the Circuit Court, Dade County, Steven D. Robinson, J.

Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Williams v. State, 500 So.2d 501 (Fla. 1986) and Johnson v. State, 501 So.2d 158 (Fla. 3d DCA 1987), hold that failure to appear for sentencing after adjudication is not "a clear and convincing reason for departure" from the sentencing guidelines, even where bargained for. The State agrees.

REVERSED and REMANDED with instructions to enter a sentence which comports with the guidelines.