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566 So. 2d 609

Johnson v. State

District Court of Appeal of Florida

Decided September 19, 1990

District Court of Appeal of Florida · decided 1990-09-19

Cited by 1 later decisions — most recently February 1991

1 state decisions

Relies on 561 So. 2d 554 - Pope v. State · Ree v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-09-19

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GUNTHER, Judge.

¶1William Dana Johnson appeals his sentence of 17 years contending that the trial court erred in the upward departure from the guidelines sentence of 5⅛⅛ to 7 years.

¶2Appellant correctly contends that the trial court erred in failing to reduce to writing its reasons for the upward departure from the sentencing guidelines. A trial court has two options when finding a departure is warranted. “[T]he trial court can impose a departure sentence by writing out its findings at the time sentence is imposed, while still on the bench.... [If] further reflection is required to determine the propriety or extent of departure, the trial court may separate the sentencing hearing from the actual imposition of sentence.” Ree v. State, 565 So.2d 1329 (Fla.1990). In the instant case, the trial court did not exercise either option.

¶3Pursuant to the supreme court’s decision in Pope v. State, 561 So.2d 554, 556 (Fla.1990), “when an appellate court reverses a departure sentence because there were no written reasons, the court must remand for resentencing with no possibility of departure from the guidelines.”

¶4Accordingly, we reverse and remand with directions to resentence the defendant within the guidelines.

¶5REVERSED AND REMANDED FOR RESENTENCING.

DOWNEY and DELL, JJ., concur.
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