History
  • No items yet
midpage
State v. Gavins
555 So. 2d 933
Fla. Dist. Ct. App.
1990
Check Treatment
PER CURIAM.

As all parties to this appeal concede that the trial judge did not enter a written order setting forth the reasons for entering a sentence departing from the sentencing guidelines, we remand for entry of the required written order. Fla.R.Crim.P. 3.701(d)11; State v. Jackson, 478 So.2d 1054, 1055 (Fla.1985) (“We approve that part of the district court’s decision directing a written order expressing reasons for departure.... ”); * accord State v. Oden, 478 So.2d 51 (Fla.1985), aff'g 463 So.2d 313, 314 (Fla. 1st DCA 1984). While the trial court’s oral reasons might be supportable under Barbera v. State, 505 So.2d 413 (Fla.1987), we decline to review the reasons for departure until a written order is entered.

Remanded for entry of written reasons for departure.

overruled on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.), cert. granted and remanded, 482 U.S. 924, 107 S.Ct. 3206, 96 L.Ed.2d 693 (1987) (under Miller v. Florida 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987)).

Case Details

Case Name: State v. Gavins
Court Name: District Court of Appeal of Florida
Date Published: Jan 16, 1990
Citation: 555 So. 2d 933
Docket Number: No. 89-1490
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.