Legal Opinion

State v. Marsh

District Court of Appeal of Florida

Decided February 12, 1997No. 96-0409PublishedCited by 1 opinion

1Per curiam

We reverse appellee’s downward departure sentence because the trial court failed to give written reasons. It cannot be determined from the record whether the trial court was aware that it was imposing a departure sentence. Accordingly, on remand, the trial court will not be precluded from imposing a departure sentence so long as valid written reasons are set forth. McGowan v. State, 648 So.2d 1225 (Fla. 4th DCA 1995).

DELL, FARMER and KLEIN, JJ., concur.

2Cases cited1 opinion

  1. McGowan v. StateDistrict Court of Appeal of Florida · 1995

3Cited by1 opinion

  1. Debose v. StateDistrict Court of Appeal of Florida · 1997