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Weakley v. State

District Court of Appeal of Florida, Fifth District
Aug 22, 1989
547 So. 2d 951 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-840.

June 29, 1989. Rehearing Denied August 22, 1989.

Appeal from the Circuit Court for Marion County; Raymond T. McNeal, Judge.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.


The appellant, John Morgan Weakley, appeals his guideline departure sentence. The trial judge orally announced his reasons for departure yet did not reduce those reasons to writing as required by Fla.R. Crim.P. 3.701(d)(11). We vacate the sentence and remand for resentencing. See State v. Jackson, 478 So.2d 1054 (Fla. 1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla. 1987). If, upon remand, the trial court imposes a departure sentence, it must supply written reasons. Pope v. State, 542 So.2d 423 (Fla. 5th DCA 1989).

REVERSED and REMANDED.

SHARP, C.J., and ORFINGER, J., concur.


Summaries of

Weakley v. State

District Court of Appeal of Florida, Fifth District
Aug 22, 1989
547 So. 2d 951 (Fla. Dist. Ct. App. 1989)
Case details for

Weakley v. State

Case Details

Full title:JOHN MORGAN WEAKLEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 22, 1989

Citations

547 So. 2d 951 (Fla. Dist. Ct. App. 1989)