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Moore v. State

District Court of Appeal of Florida, Fifth District
Jun 15, 1989
544 So. 2d 346 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1268.

June 15, 1989.

Appeal from the Circuit Court for Marion County; Raymond T. McNeal, Judge.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from a sentence. Appellant asserts and appellee concedes that the sentencing judge erred by departing from the recommended guideline sentence without giving written reasons therefor. Fla.R.Crim.P. 3.701(d)(11).

The sentence is quashed and this cause remanded for proper resentencing.

SENTENCE QUASHED; REMANDED.

SHARP, C.J., and ORFINGER, J. concur.


Summaries of

Moore v. State

District Court of Appeal of Florida, Fifth District
Jun 15, 1989
544 So. 2d 346 (Fla. Dist. Ct. App. 1989)
Case details for

Moore v. State

Case Details

Full title:WILLIE EARL MOORE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 15, 1989

Citations

544 So. 2d 346 (Fla. Dist. Ct. App. 1989)