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657 So. 2d 23

Docket No. 94-2203.

Jones v. State

Anthony JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1995-07-14

Cited by 2 later decisions — most recently May 1997

2 state decisions

Relies on Edler v. State · Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-07-14

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Order Granting Clarification July 14, 1995.

¶1Richard L. Jorandby, Public Defender, Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3FARMER, Judge.

¶4When the trial court resentenced defendant pursuant to our mandate in Jones v. State,634 So.2d 1149 (Fla. 4th DCA 1994), the court orally pronounced the sentence and discussed on the record all of the statutory criteria but did not contemporaneously file the written order containing the requisite findings. Instead, the court announced that the original would be filed with the Clerk by 5:00 p.m. later that day, Friday, July 22nd. Unfortunately, the written order was not filed until the following Monday, July 25th.

¶5Although we are quite reluctant to reverse the sentence on so mechanical a technicality, we are unable to find a legal basis to avoid so doing. In Troutman v. State,630 So.2d 528 (Fla. 1993), which we are bound to follow, the written order was filed as here three days *24 late. Accordingly, another resentencing is necessary.

¶6REVERSED.

¶7STONE and STEVENSON, JJ., concur.

¶8ORDERED that appellee's motion filed June 22, 1995, for clarification is granted. No resentencing on murder conviction is required.

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