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481 So. 2d 562

481 So.2d 562

11 Fla.L.Weekly 212

Davis v. State

District Court of Appeal of Florida

Decided January 16, 1986

District Court of Appeal of Florida · decided 1986-01-16

Relies on 478 So. 2d 1054 - State v. Jackson

Decided 1986-01-16

UPCHURCH, Judge.

¶1This is an appeal from a sentencing guideline departure for convictions of forgery 1 and grand theft.2 At sentencing, the trial judge orally announced reasons for departing from the sentencing guidelines which were transcribed by the court reporter. The court, however, failed to enter a separate order providing the reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(ll). Recently, the supreme court held that reliance on the record alone is an improper method for delineating reasons for departure, State v. Jackson, 478 So.2d 1054 (Fla.1985). Since the trial judge did not have the benefit of this recent case law at the time of sentencing, we vacate the sentences and remand for resentencing.

¶2REVERSED and REMANDED.

COBB, C.J., and DAUKSCH, J., concur.

¶3. § 831.01, Fla.Stat. (1983).

¶4. §§ 812.014(l)(a), (b) and § 812.014(2)(b)(l), Fla.Stat. (1983).

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