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Kerr v. State

District Court of Appeal of Florida, Second District
May 25, 1994
637 So. 2d 340 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-02577.

May 25, 1994.

Appeal from the Circuit Court for Hillsborough County; Donald C. Evans, Judge.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dell H. Edwards, Asst. Atty. Gen., Tampa, for appellee.


In sentencing the appellant for second-degree murder and possession of a short-barrelled shotgun, the trial court orally stated reasons for departing from the guidelines. Because the trial court filed no written reasons for departure, we must reverse and "remand for resentencing with no possibility of departure from the guidelines." King v. State, 623 So.2d 486, 489 (Fla. 1993) (quoting Pope v. State, 561 So.2d 554, 556 (Fla. 1990)).

Reversed and remanded.

DANAHY, A.C.J., and HALL and PATTERSON, JJ., concur.


Summaries of

Kerr v. State

District Court of Appeal of Florida, Second District
May 25, 1994
637 So. 2d 340 (Fla. Dist. Ct. App. 1994)
Case details for

Kerr v. State

Case Details

Full title:ORVILLE PATRICK KERR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 25, 1994

Citations

637 So. 2d 340 (Fla. Dist. Ct. App. 1994)