Public-domain · open source
OpenJurist

631 So. 2d 1138

Timonere v. State

District Court of Appeal of Florida

Decided February 16, 1994

District Court of Appeal of Florida · decided 1994-02-16

Cited by 2 later decisions — most recently February 2000

2 state decisions

Relies on Ree v. State · 576 So. 2d 706 - State v. Lyles · 598 So. 2d 230 - Hall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-02-16

View the full empirical analysis of this case →

RYDER, Acting Chief Judge.

¶1In this consolidated appeal, James M. Ti-monere challenges the trial court’s denial of his motion for postconviction relief based on allegations of ineffective assistance of counsel and its imposition of a departure sentence without a contemporaneous statement of the reasons for departure. We find no merit in his claim that trial counsel was ineffective, and affirm the denial of his motion for post-conviction relief without discussion.

¶2The trial court did, however, commit reversible error when it imposed a departure sentence without providing contemporaneous reasons for the departure at the sentencing hearing. See Ree v. State, 565 So.2d 1329 (Fla.1990), modified by State v. Lyles, 576 So.2d 706 (Fla.1991); Barry v. State, 626 So.2d 270 (Fla. 2d DCA 1993); Hall v. State, 598 So.2d 230 (Fla. 2d DCA 1992). Accordingly, we reverse Timonere’s sentences and remand for sentencing within the guidelines.

¶3Affirmed in part, reversed in part and remanded. •

PATTERSON and ALTENBERND, JJ., concur.
/631/so2d/1138 · .json · Public domain