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Thompson v. State

District Court of Appeal of Florida, Fourth District
May 14, 1997
693 So. 2d 138 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2636

Opinion filed May 14, 1997

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 95-13784 CF10.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.


Appellant, who was sentenced as a youthful offender as a result of violating her probation was given a departure sentence of four years in prison with no written reasons for the departure. We agree that section 958.04(3), Florida Statutes (1995) requires written reasons for a departure sentence under these circumstances. We reject the state's argument that this sentence was permissible under section 958.04(2)(d) or section 958.14, Florida Statutes. We affirm the revocation, but reverse and remand for sentencing within the guidelines.

GLICKSTEIN and KLEIN, JJ., and OFTEDAL, RICHARD L., Associate Judge, concur.


Summaries of

Thompson v. State

District Court of Appeal of Florida, Fourth District
May 14, 1997
693 So. 2d 138 (Fla. Dist. Ct. App. 1997)
Case details for

Thompson v. State

Case Details

Full title:LAZENIA THOMPSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 14, 1997

Citations

693 So. 2d 138 (Fla. Dist. Ct. App. 1997)