Boehmer v. State
472 So. 2d 555 | Fla. Dist. Ct. App. | 1985
We affirm on the basis that the trial court’s departure from the sentencing guidelines does not require a written statement if a sufficient reason for that departure is stated orally at the sentencing hearing and transcribed. See Burke v. State, 456 S.2d 1245 (Fla. 5th DCA 1984); Rutlin v. State, 455 So.2d 1347 (Fla. 5th DCA 1984); Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984); Brady v. State, 457 So.2d 544 (Fla. 2d DCA 1984); Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984). But see Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985); Jackson v. State, 454 So.2d 691 (Fla. 1st DCA 1984).
Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi), we certify conflict with Boynton and Jackson.
AFFIRMED.
