Matthews v. State

Full title: ROBERT EARL MATTHEWS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 3, 1986

486 So. 2d 47 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-959.

April 3, 1986.

Appeal from the Circuit Court, Orange County, Emerson R. Thompson, Jr., J.

James B. Gibson, Public Defender and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Because the trial court departed from the sentencing guidelines without giving contemporaneous written reasons for the departure we quash the sentences and remand for resentencing. State v. Jackson, 478 So.2d 1054 (Fla. 1985); State v. Oden, 478 So.2d 51 (Fla. 1985).

SENTENCE QUASHED; REMANDED.

UPCHURCH and SHARP, JJ., concur.