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525 So. 2d 491

Docket No. 87-2058.

State v. Frederick

The STATE of Florida, Appellant, v. Leon FREDERICK, Appellee.

District Court of Appeal of Florida · decided 1988-05-24

Cited by 5 later decisions — most recently February 1989

5 state decisions

Relies on 478 So. 2d 1054 - State v. Jackson · 482 So. 2d 578 - State v. Taylor · 517 So. 2d 117 - State v. Lemon

Good law ✅— No negative treatment on recordhow we know

Decided 1988-05-24

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¶1Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

¶2No appearance for appellee.

¶3Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

¶4PER CURIAM.

¶5The downward departure sentence in this case does not comply with section 921.001(6), Florida Statutes (Supp. 1986), Florida Rules of Criminal Procedure 3.701(b)(6) and 3.701(d)(11), or the applicable case law. See State v. Jackson,478 So.2d 1054 (Fla. 1985) (trial court must give written reasons for any guidelines departure); accord State v. Lemon,517 So.2d 117 (Fla. 3d DCA 1987). We, therefore, vacate and remand for the entry of an appropriate written order. In so doing, we direct the trial court's attention to State v. Taylor,482 So.2d 578 (Fla. 5th DCA 1986) (defendant's compliance with court order not a proper basis for departing from sentencing guidelines).

¶6Vacated and remanded with directions.

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