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472 So. 2d 555

472 So.2d 555

10 Fla.L.Weekly 1663

Boehmer v. State

District Court of Appeal of Florida · decided 1985-07-05

Cited by 2 later decisions — most recently June 1986

2 state decisions

Relies on Carter v. State · 454 So. 2d 691 - Jackson v. State · 473 So. 2d 703 - Boynton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-07-05

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COBB, Chief Judge.

¶1We 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).

¶2Pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(vi), we certify conflict with Boynton and Jackson.

¶3AFFIRMED.

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.
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