Ferguson v. State, 548 So. 2d 1183

GOSHORN, Judge.

The appellant, Robert Ferguson, appeals his guideline departure sentence because the trial judge did not provide written reasons for departure as required by Fla.R. Crim.P. 3.701(d)(ll). Accordingly, the sentence is vacated and remanded for resen-tencing. See Wilkerson v. State, 513 So.2d 664 (Fla.1987); State v. Jackson, 478 So.2d 1054 (Fla.1985), superceded on other grounds by Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987).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, J. and ORFINGER, M., J., (retired), concur.

Case Details

Case Name: Ferguson v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 21, 1989

Citations: 548 So. 2d 1183; 14 Fla. L. Weekly 2231; 1989 Fla. App. LEXIS 5136; 1989 WL 107522; No. 89-172

Docket Number: No. 89-172

Court Abbreviation: Fla. Dist. Ct. App.