Perry v. State

District Court of Appeal of Florida

Decided May 20, 1996

District Court of Appeal of Florida · decided 1996-05-20

Cited by 2 later decisions — most recently February 1997

2 state decisions

Key passage — most relied on by later courts

“IS THE RULE IN STATE v. DAVIS, 630 So.2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NONSTATE PRISON SANCTIONS, APPLICABLE UNDER THE 1994 SENTENCING GUIDELINES?”

quoted by 1 later decision, including 687 So. 2d 831 - State v. Perry

Relies on 630 So. 2d 1059 - State v. Davis · 668 So. 2d 654 - Simmons v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-05-20

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PER CURIAM.

¶1Appellant raises two issues for our review. We affirm the first issue without further discussion. We reverse and remand for re-sentencing on the second issue.

¶2Appellant was convicted of possession of cocaine and sentenced under the 1994 guidelines to one year in county jail followed by two years on community control based on a guidelines scoresheet total of 34 points. As we explained in our opinion in Simmons v. State, 668 So.2d 654 (Fla. 1st DCA 1996), the trial court has imposed a departure sentence without written reasons. Accordingly, we remand for resentencing. We also certify the same question that we certified in Simmons:

IS THE RULE IN DAVIS v. STATE, 630 So.2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NONSTATE PRISON SANCTIONS, APPLICABLE UNDER THE 1994 SENTENCING GUIDELINES?

MINER and WEBSTER, JJ., and SMITH, Senior Judge, concur.