Hawryluk v. State, 543 So. 2d 1318

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

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

DAUKSCH, Judge.

This is an appeal from a guideline sentence. Because the sentencing judge did not render contemporaneous written reasons justifying the departure-from-the-guidelines sentence we must vacate the sentence and remand for proper resentencing. State v. Oden, 478 So.2d 51 (Fla. 1985). We have been told that the sentencing judge rendered written reasons over three months after the pronouncement of the sentence. This was ineffectual because this court, not the trial court, had jurisdiction of the case by that time, due to the filing of the notice of appeal.

SENTENCE VACATED; REMANDED.

ORFINGER and COBB, JJ., concur.

Case Details

Case Name: Hawryluk v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 1, 1989

Citations: 543 So. 2d 1318; 1989 WL 56318; 88-2145

Docket Number: 88-2145

Court Abbreviation: Fla. Dist. Ct. App.