From Casetext: Smarter Legal Research

Jones v. State

District Court of Appeal of Florida, Second District
Nov 16, 1988
533 So. 2d 917 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-3533.

November 16, 1988.

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

James Marion Moorman, Public Defender, and Julius J. Aulisio, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.


The trial judge departed from the recommended guideline range in this case without entering a written departure order. As conceded by the appellee, this was reversible error. State v. Jackson, 478 So.2d 1054 (Fla. 1985).

Therefore, the sentence herein is set aside and the matter remanded for resentencing. Any departure from the guidelines must be based on proper reasons and must be stated in writing.

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


Summaries of

Jones v. State

District Court of Appeal of Florida, Second District
Nov 16, 1988
533 So. 2d 917 (Fla. Dist. Ct. App. 1988)
Case details for

Jones v. State

Case Details

Full title:DIANNE E. JONES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 16, 1988

Citations

533 So. 2d 917 (Fla. Dist. Ct. App. 1988)

Citing Cases

Jones v. State

The court gave oral reasons for departing, but did not enter a proper written order. Upon appeal, the state…