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487 So. 2d 429

487 So.2d 429

11 Fla.L.Weekly 1036

Posey v. State

District Court of Appeal of Florida · decided 1986-05-01

Relies on 476 So. 2d 158 - Albritton v. State · 448 So. 2d 1013 - State v. Rhoden · 478 So. 2d 429 - Vandeneynden v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-05-01

How this case has been cited

Cited by 9 later decisions — most recently February 2017

9 state decisions

401986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DAUKSCH, Judge.

¶1This is an appeal from a sentence. Appellant was sentenced as an adult even though he was a juvenile. The sentencing judge failed to follow the requirements of section 39.111(6)(d), Florida Statutes (1983), mandating that the decision to impose adult sanctions be in writing. State v. Rhoden, 448 So.2d 1013 (Fla.1984); Johnson v. State, 477 So.2d 56 (Fla. 5th DCA 1985). The sentence is quashed and the case remanded for resentencing. In the event the trial court departs from the guidelines upon remand, no consideration should be given to the nature of the offense for which the defendant was charged but not convicted. Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985). In this case, the defendant was convicted of robbery, not armed robbery, and the weapon is not a permissible reason for departure. Because we have quashed the sentence and remanded for resentencing, we are not required to review the extent of the departure, which in this case was seven times the guideline recommendation. See Albritton v. State, 476 So.2d 158, 160 (Fla.1985).

¶2SENTENCE QUASHED; REMANDED.

ORFINGER and SHARP, JJ., concur.
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