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Overstreet v. State

District Court of Appeal of Florida, Fourth District
Aug 28, 1991
583 So. 2d 1123 (Fla. Dist. Ct. App. 1991)

Opinion

No. 88-3334.

August 28, 1991.

Appeal from the Circuit Court for St. Lucie County; L.B. Vocelle, Judge.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's convictions but reverse his sentence and remand for resentencing within the sentencing guidelines. We find the trial court erred as to the reasons given for departure, the failure to contemporaneously provide written reasons, and in failing to have appellant actually present at the sentencing hearing. See e.g., Jacobs v. State, 567 So.2d 16 (Fla. 4th DCA 1990).

ANSTEAD, GUNTHER and FARMER, JJ., concur.


Summaries of

Overstreet v. State

District Court of Appeal of Florida, Fourth District
Aug 28, 1991
583 So. 2d 1123 (Fla. Dist. Ct. App. 1991)
Case details for

Overstreet v. State

Case Details

Full title:LOUIS OVERSTREET, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 28, 1991

Citations

583 So. 2d 1123 (Fla. Dist. Ct. App. 1991)