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Guy v. State

District Court of Appeal of Florida, Fourth District
Oct 23, 1985
475 So. 2d 1308 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-330.

September 25, 1985. Rehearing and Stay Denied October 23, 1985.

Appeal from the Circuit Court for Broward County; Thomas M. Coker, Jr., Judge.

Richard L. Jorandby, Public Defender, and Gary Caldwell, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm the revocation of the defendant's probation. The trial court erred, however, in sentencing defendant by departing from the guidelines without providing written reasons for this departure. Accordingly, we vacate the sentence imposed and remand for resentencing. The defendant must be sentenced within the guidelines unless the sentencing judge provides written reasons for departure. See Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985).

HERSEY, C.J., and GLICKSTEIN and BARKETT, JJ., concur.


Summaries of

Guy v. State

District Court of Appeal of Florida, Fourth District
Oct 23, 1985
475 So. 2d 1308 (Fla. Dist. Ct. App. 1985)
Case details for

Guy v. State

Case Details

Full title:DUANE GUY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 23, 1985

Citations

475 So. 2d 1308 (Fla. Dist. Ct. App. 1985)