Summary
In State v. Oden, 478 So.2d 51 (Fla. 1985), the supreme court approved the first district's holding that "[i]t was reversible error for the trial court to depart from the guidelines without providing a contemporaneous written statement of the reasons therefore at the time each sentence was pronounced."
Summary of this case from Ree v. StateOpinion
No. 66650.
October 31, 1985.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict; First District — Case Nos. AY-68, AY-71 AY-92.
Jim Smith, Atty. Gen. and Andrea Smith Hillyer, Asst. Atty. Gen., Tallahassee, for petitioner.
Michael E. Allen, Public Defender and Larry G. Bryant, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondents.
In the instant case, the district court held: "It was reversible error for the trial court to depart from the guidelines without providing a contemporaneous written statement of the reasons therefor at the time each sentence was pronounced." Oden v. State, 463 So.2d 313, 314 (Fla. 1st DCA 1984). This holding conflicts with decisions of other district courts of appeal. We approve the instant decision based on our recent opinion in State v. Jackson, 478 So.2d 1054 (Fla. 1985).
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.