State v. Johnson

The STATE of Florida, Appellant, v. Wallace Edward JOHNSON, Appellee.

District Court of Appeal of Florida

Decided October 10, 2001.

District Court of Appeal of Florida · decided 2001-10-10

Cited by 3 later decisions — most recently July 2004

3 state decisions

Relies on Branam v. State · 660 So. 2d 701 - State v. Colbert · 639 So. 2d 28 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-10-10

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¶1Robert A. Butterworth, Attorney General, and Meredith L. Balo, Assistant Attorney General (Fort Lauderdale), for appellant.

¶2Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellee.

¶3Before COPE, and GERSTEN, JJ., and NESBITT, Senior Judge.

¶4PER CURIAM.

¶5We reverse the defendant's downward departure sentence because the trial court failed to provide written reasons justifying departure from the guidelines recommendation. See State v. Colbert, 660 So.2d 701 (Fla.1995); Branam v. State, 554 So.2d 512 (Fla.1990). The defendant is granted thirty days from the date this decision becomes final to withdraw his plea if he so wishes. See Jones v. State, 639 So.2d 28 (Fla.1994).

¶6Reversed and remanded for resentencing.