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McGinnis v. State

District Court of Appeal of Florida, Second District
Apr 9, 1986
486 So. 2d 84 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-381.

April 9, 1986.

Appeal from the Circuit Court, Pasco County, Ray E. Ulmer, Jr., J.

James Marion Moorman, Public Defender and James B. Permar, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


Appellant appeals his judgment and sentence for handling and fondling a female child under the age of fourteen. We find merit in only one of the four points he raises on appeal.

The trial court sentenced appellant to ten years' imprisonment, exceeding the guidelines recommendation of community control or 12-30 months' imprisonment. On the guidelines scoresheet in the space provided for written reasons, appear the words "see sentencing transcript filed in file."

The sentencing hearing transcript is not enough to satisfy the requirement of written reasons for departure. State v. Jackson, 478 So.2d 1054 (Fla. 1985). Therefore, appellant's sentence is reversed and remanded for resentencing.

DANAHY, A.C.J., and LEHAN, J., concur.


Summaries of

McGinnis v. State

District Court of Appeal of Florida, Second District
Apr 9, 1986
486 So. 2d 84 (Fla. Dist. Ct. App. 1986)
Case details for

McGinnis v. State

Case Details

Full title:MARK JAY McGINNIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 9, 1986

Citations

486 So. 2d 84 (Fla. Dist. Ct. App. 1986)