State v. Simmons

1 Citing case

  1. Pope v. State

    561 So. 2d 554 (Fla. 1990)   Cited 274 times
    Holding that where trial court fails to provide written reasons for departure, trial court must impose a guidelines sentence on remand

    See, e.g., Rangel v. State, 532 So.2d 84 (Fla. 3d DCA 1988); Jenkins v. State, 528 So.2d 527 (Fla. 2d DCA 1988); Martinez v. State, 526 So.2d 1080 (Fla. 2d DCA 1988); Crigler v. State, 526 So.2d 176 (Fla. 2d DCA 1988); Nichols v. State, 521 So.2d 372 (Fla. 2d DCA 1988); Jones v. State, 502 So.2d 1375 (Fla. 4th DCA 1987).See, e.g., State v. Simmons, 539 So.2d 40 (Fla. 3d DCA 1989); State v. Ohler, 539 So.2d 38 (Fla. 3d DCA 1989); State v. Alvarez, 538 So.2d 956 (Fla.3d DCA 1989); State v. Charles, 537 So.2d 1136 (Fla. 3d DCA 1989); State v. Richardson, 536 So.2d 1193 (Fla. 4th DCA 1989). In Shull we held that, upon remand, a sentencing judge would not be permitted to provide new reasons for departure when the initial reasons had been reversed by an appellate court.