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492 So. 2d 692

492 So.2d 692

11 Fla.L.Weekly 1468

Docket No. BH-68.

Hall v. State

Frederick Charles HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 2, 1986.

Rehearing Denied September 2, 1986.

District Court of Appeal of Florida · decided 1986-07-02

Cited by 5 later decisions — most recently August 1987

5 state decisions

Relies on 478 So. 2d 1054 - State v. Jackson · 459 So. 2d 1098 - Cuthbert v. State · 467 So. 2d 779 - Whitehead v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-07-02

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¶1Michael E. Allen, Public Defender, Tallahassee, for appellant.

¶2Jim Smith, Atty. Gen., and Kurt L. Barch, Asst. Atty. Gen., for appellee.

¶3NIMMONS, Judge.

¶4Hall appeals his conviction and sentence for possession of a firearm by a convicted felon. We find no merit in the appellant's asserted grounds for reversal of his conviction and therefore affirm the conviction. However, we reverse the sentence for failure of the trial court to set forth in writing its reasons for departing from the sentencing guidelines sentence range.

¶5Hall was sentenced as an habitual offender pursuant to Section 775.084, Florida Statutes (1983). The findings required by that statute were made in open court and a copy of that portion of the transcript was attached to the sentence. While sentence of a defendant as an habitual offender is a sufficient ground for guidelines departure, Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986); Payne v. State, 480 So.2d 202 (Fla. 1st DCA 1985) (on motion for rehearing); and Whitehead v. State, 467 So.2d 779 (Fla. 1st DCA 1985), and although the requisite findings to support imposition of an habitual offender sentence need not be in writing under the habitual offender statute, the trial court must nevertheless reduce to writing its reasons for departure. See Shull v. State, supra, Cuthbert v. State, 459 So.2d 1098, 1100, n. 3 (Fla. 1st DCA 1984). The Supreme Court held in *693 State v. Jackson, 478 So.2d 1054 (Fla. 1985), that a transcript of oral statements made by the judge at sentencing will not satisfy the sentencing guidelines requirement of written reasons.

¶6Accordingly, we AFFIRM the judgment but REVERSE the sentence and REMAND for the imposition of a new sentence consistent with this opinion.

¶7WENTWORTH, J., and WILLIS, BEN C., (Ret.) Associate Judge, concur.

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