Public-domain · open source
OpenJurist

576 So. 2d 431

Souter v. State

District Court of Appeal of Florida · decided 1991-03-21

Cited by 6 later decisions — most recently December 1994

6 state decisions

Relies on 498 So. 2d 863 - Whitehead v. State · Ree v. State · State v. Jimeno

Good law ✅— No negative treatment on recordhow we know

Decided 1991-03-21

View the full empirical analysis of this case →

DAUKSCH, Judge.

¶1This is an appeal from a sentence. Because the sentencing court erred, both procedurally, by not giving timely written reasons for a departure sentence, and substantively, by not giving legally sufficient written reasons for the departure sentence, we vacate the sentence for escape and remand for a proper guideline sentence. Ree v. State, 565 So.2d 1329 (Fla.1990); State v. Brown, 530 So.2d 51 (Fla.1988); Whitehead v. State, 498 So.2d 863 (Fla.1986). Appellant’s argument regarding other sentences and his classification as an habitual offender as to those is without merit. King v. State, 557 So.2d 899 (Fla. 5th DCA), rev. denied, 564 So.2d 1086 (Fla.1990). We affirm the robbery sentences.

¶2AFFIRMED in part; VACATED in part; REMANDED.

PETERSON and DIAMANTIS, JJ., concur.
/576/so2d/431 · .json · Public domain