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State v. Schank

District Court of Appeal of Florida, First District
Nov 1, 1993
625 So. 2d 999 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-02419.

November 1, 1993.

An Appeal from an Order of the Circuit Court for Leon County; N. Sanders Sauls, Judge.

Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellant.

Richard A. Greenberg, Tallahassee, for appellee.


This cause is before us on appeal by the State from a downward departure sentence. The trial court's failure to issue contemporaneous written reasons for downward departure requires resentencing with no possibility of departure from the guidelines. State v. Howell, 611 So.2d 5 (Fla. 1st DCA 1992); see Fraser v. State, 602 So.2d 1299 (Fla. 1992); Owens v. State, 598 So.2d 64 (Fla. 1992); and Pope v. State, 561 So.2d 554 (Fla. 1990). Appellee's sentence is vacated, and this cause is remanded for resentencing.

BOOTH, BARFIELD and ALLEN, JJ., concur.


Summaries of

State v. Schank

District Court of Appeal of Florida, First District
Nov 1, 1993
625 So. 2d 999 (Fla. Dist. Ct. App. 1993)
Case details for

State v. Schank

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. GARY A. SCHANK, JR., APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 1, 1993

Citations

625 So. 2d 999 (Fla. Dist. Ct. App. 1993)