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970 So. 2d 922

Docket No. 1D07-0299.

State v. Dunn

STATE of Florida, Appellant, v. Kelvin L. DUNN, Appellee.

District Court of Appeal of Florida

Decided December 31, 2007.

District Court of Appeal of Florida · decided 2007-12-31

Cited by 1 later decisions — most recently April 2009

1 state decisions

Relies on 911 So. 2d 234 - State v. Carlson · 869 So. 2d 754 - State v. Marshall

Good law ✅— No negative treatment on recordhow we know

Decided 2007-12-31

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¶1Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellant.

¶2Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Because the trial court failed to make any written or oral findings to support the downward departure sentence, the sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the trial court wishes to depart downward from the lowest permissible sentence indicated on the Criminal Punishment Code scoresheet, under section 921.00265(2), Florida Statutes, it must announce on the record a valid reason for so doing. State v. Carlson,911 So.2d 234 (Fla. 2d DCA 2005); State v. Marshall,869 So.2d 754 (Fla. 5th DCA 2004).

¶5BARFIELD, WOLF, and HAWKES, JJ., concur.

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