Public-domain · open source
OpenJurist

501 So. 2d 721

501 So.2d 721

12 Fla.L.Weekly 389

Dunn v. State

District Court of Appeal of Florida

Decided January 29, 1987

District Court of Appeal of Florida · decided 1987-01-29

Cited by 1 later decisions — most recently August 2004

1 state decisions

Relies on 478 So. 2d 1054 - State v. Jackson · 500 So. 2d 501 - Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-01-29

View the full empirical analysis of this case →

DAUKSCH, Judge.

¶1This is an appeal from a sentence. Appellant was convicted of second degree murder after he pleaded guilty. Because the crime of which appellant was convicted occurred after October 1,1983, the sentencing guidelines are applicable and the court must impose a guideline sentence. The appellant cannot waive this requirement. Williams v. State, 500 So.2d 501 (Fla.1986). If a departure from the guidelines is warranted then the sentencing judge must clearly state, in writing, the reasons for the departure. State v. Jackson, 478 So.2d 1054 (Fla.1985). The state has conceded the court erred in retaining jurisdiction over appellant’s parole, so that error need not be discussed.

¶2SENTENCE QUASHED; REMANDED.

COBB and SHARP, JJ., concur.
/501/so2d/721 · .json · Public domain