Johnson v. State

Full title: HERMAN JOHNSON, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jan 29, 1985

462 So. 2d 860 (Fla. Dist. Ct. App. 1985)

Opinion

No. AW-171.

January 29, 1985.

Appeal from Circuit Court, Bay County; N. Russell Bower, Judge.

Michael E. Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Thomas H. Bateman, III, Asst. Atty. Gen., for appellee.

WENTWORTH, Judge.

Appellant seeks review of a sentence imposed for the offense of robbery with a firearm. Although appellant has raised several issues on appeal, we find the only point of reversible error to be the court's failure to provide a written statement of reasons for departing from the presumptive guideline sentence established pursuant to Fla.R.Crim.P. 3.701. For this limited reason we therefore vacate the sentence imposed and remand the cause for resentencing. See Johnson v. State, 462 So.2d 49 (Fla. 1st DCA 1984).

MILLS and SHIVERS, JJ., concur.