Public-domain · open source
OpenJurist

550 So. 2d 1192

550 So.2d 1192

14 Fla.L.Weekly 2545

Frierson v. State

District Court of Appeal of Florida

Decided November 2, 1989

District Court of Appeal of Florida · decided 1989-11-02

Cited by 1 later decisions — most recently December 1989

1 state decisions

Relies on 478 So. 2d 1054 - State v. Jackson · 513 So. 2d 664 - Wilkerson v. State · 542 So. 2d 461 - McCaskell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-02

View the full empirical analysis of this case →

DANIEL, Chief Judge.

¶1On appeal, the defendant contends that his departure sentence is invalid because the trial court failed to set forth written reasons for the departure. It is reversible error to impose a departure sentence under the sentencing guidelines without an accompanying written statement delineating the reasons for departure. State v. Jackson, 478 So.2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987); McCaskell v. State, 542 So.2d 461 (Fla. 5th DCA 1989). Accordingly, we affirm the defendant’s conviction for burglary, reverse his sentence and remand with directions that the trial judge either resentence the defendant within the range of the recommended sentencing guidelines or set forth in writing clear and convincing reasons for departure.

¶2AFFIRMED in part; REVERSED in part and REMANDED.

COBB, J., and HARRIS, Associate Judge, concur.
/550/so2d/1192 · .json · Public domain