Adkinson v. State

Full title: WILMER RAY ADKINSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Oct 15, 1993

625 So. 2d 126 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-3978.

October 15, 1993.

An appeal from the circuit court for Walton County; Laura Melvin, Judge.

Nancy A. Daniels, Public Defender, and Carl McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Wilmer Ray Adkinson appeals a final judgment entered after remand for resentencing. Adkinson v. State, 590 So.2d 480 (Fla. 1st DCA 1991). Adkinson contends that the circuit court erred in imposing departure sentences after remand in circuit cases 90-84 and 90-61 without contemporaneously providing written reasons for departure, citing Ree v. State, 565 So.2d 1329 (Fla. 1990). The state properly concedes error.

Accordingly, we vacate Adkinson's sentences in circuit cases 90-84 and 90-61 and remand "for resentencing with no possibility of departure from the guidelines." Owens v. State, 598 So.2d 64, 64 (Fla. 1992).

AFFIRMED in part; REVERSED and REMANDED in part.

ZEHMER, C.J., and JOANOS and MICKLE, JJ., concur.