State v. Moss

District Court of Appeal of Florida

Decided June 7, 2000

District Court of Appeal of Florida · decided 2000-06-07

Cited by 1 later decisions — most recently September 2000

1 state decisions

Key passage — most relied on by later courts

“We affirm appellee’s downward sentence pursuant to section 948.01(13), Florida Statutes (1997). However, we remand this case to the trial court to provide written reasons for the departure. See Donaldson v. State, 722 So.2d 177, 188-89 (Fla.1998) (“Upon sentencing a defendant outside the sentencing guidelines, the trial court must attach to the sentencing order contemporaneous written reasons for the downward departure.”)”

quoted by 1 later decision, including State v. Jones

Relies on 722 So. 2d 177 - Donaldson v. State · 715 So. 2d 298 - State v. Bostick

Good law ✅— No negative treatment on recordhow we know

Decided 2000-06-07

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PER CURIAM.

¶1Affirmed. We affirm appellee’s downward sentence pursuant to section 948.01(13), Florida Statutes (1997). However, we remand this case to the trial court to provide written reasons for the departure. See Donaldson v. State, 722 So.2d 177, 188-89 (Fla.1998)(“Upon sentencing a defendant outside the sentencing guidelines, the trial court must attach to the sentencing order contemporaneous written reasons for the downward departure.”); State v. Bostick, 715 So.2d 298, 298 (Fla. 4th DCA 1998); § 921.001(6), Fla. Stat. (1997).

¶2AFFIRMED but REMANDED.

DELL, GUNTHER, and SHAHOOD, JJ., concur.