Opinion
No. 66551.
February 6, 1986. Rehearing Denied May 5, 1986.
Notice and Cross-Notice for Review of the Decision of the District Court of Appeal — Direct Conflict of Decision; First District — Case No. AW-171.
Jim Smith, Atty. Gen. and Thomas H. Bateman, III, and Patricia Conners, Asst. Attys. Gen., Tallahassee, for petitioner, cross-respondent.
Michael E. Allen, Public Defender and Carl S. McGinnes, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for respondent, cross-petitioner.
On Johnson's appeal from his conviction and sentence for committing an armed robbery at an IGA store, the district court vacated his sentence and remanded for resentencing because the trial court failed to provide a written statement of reasons for departing from the sentence recommended under sentencing guidelines. Johnson v. State, 462 So.2d 860 (Fla. 1st DCA 1985). We have conflict jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution, and we approve the instant decision based on State v. Jackson, 478 So.2d 1054 (Fla. 1985).
It is so ordered.
BOYD, C.J., and OVERTON and SHAW, JJ., concur.
ADKINS and EHRLICH, JJ., dissent.