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548 So. 2d 1183

548 So.2d 1183

14 Fla.L.Weekly 2231

Ferguson v. State

District Court of Appeal of Florida

Decided September 21, 1989

District Court of Appeal of Florida · decided 1989-09-21

Cited by 2 later decisions — most recently September 1993

2 state decisions

Relies on Miller v. Florida · 478 So. 2d 1054 - State v. Jackson · 513 So. 2d 664 - Wilkerson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-09-21

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GOSHORN, Judge.

¶1The appellant, Robert Ferguson, appeals his guideline departure sentence because the trial judge did not provide written reasons for departure as required by Fla.R. Crim.P. 3.701(d)(ll). Accordingly, the sentence is vacated and remanded for resen-tencing. See Wilkerson v. State, 513 So.2d 664 (Fla.1987); State v. Jackson, 478 So.2d 1054 (Fla.1985), superceded on other grounds by Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). If, upon remand, the trial court imposes a departure sentence, it must supply written reasons. Pope v. State, 542 So.2d 423 (Fla. 5th DCA 1989).

¶2REVERSED AND REMANDED.

SHARP, J. and ORFINGER, M., J., (retired), concur.
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