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Pastoriza v. State

District Court of Appeal of Florida, Second District
Apr 18, 1990
559 So. 2d 685 (Fla. Dist. Ct. App. 1990)

Opinion

No. 87-02396.

April 18, 1990.

Appeal from the Circuit Court for Lee County; R. Wallace Pack, Judge.

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


At sentencing the trial court departed upward from the recommended guidelines sentence and orally gave as a reason the appellant's multiple violations of probation. This is a valid reason for departure. Williams v. State, 559 So.2d 680 (Fla. 2d DCA 1990) (en banc). However, no written reason for departure was filed. We, therefore, remand for resentencing and entry of a written order setting forth the reasons for departure in accordance with Florida Rule of Criminal Procedure 3.701(d)(11), if the trial court again departs.

Remanded.

SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.


Summaries of

Pastoriza v. State

District Court of Appeal of Florida, Second District
Apr 18, 1990
559 So. 2d 685 (Fla. Dist. Ct. App. 1990)
Case details for

Pastoriza v. State

Case Details

Full title:JUNIOR BOLIVAR PASTORIZA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 18, 1990

Citations

559 So. 2d 685 (Fla. Dist. Ct. App. 1990)