533 SO2D 939 - State v. Wayda

How this case has been cited

Cited by 28 later decisions — most recently February 2016 · most notably 662 So. 2d 1276 - De Clements v. De Clements (1995), Padgett v. State (1988)

28 state decisions

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.

¶1Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellant.

¶2Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellee.

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

¶4PER CURIAM.

¶5In sentencing the defendant to a term of years less than that recommended by the sentencing guidelines, the trial court gave neither written nor oral reasons for the downward departure. Under such circumstances, the remedy is, as the defendant concedes, a reversal and remand to afford an opportunity to the trial court to enter a written sentencing order supporting the departure, rather than, as the State urges, a reversal and remand for resentencing within the guidelines. See Daughtry v. State,521 So.2d 208 (Fla. 2d DCA 1988) (under Shull v. Dugger,515 So.2d 748 (Fla. 1987), resentencing within guidelines required only when trial court's stated reasons for departure are held invalid, not when trial court has offered no reasons).

¶6Reversed and remanded.