Fernquist v. State

ON MOTION FOR REHEARING

Pursuant to State v. Jackson, 478 So.2d 1054 (Fla.1985), which held that a trial judge must state in writing reasons for any departure from the guidelines, we grant appellant’s motion for rehearing, withdraw our decision filed September 20, 1985, and substitute the following:

Appellant pled guilty to charges of violating his probation and trafficking in cocaine and elected to be sentenced under the guidelines. § 921.001, Fla.Stat. (1983); Fla.R.Crim.P. 3.701. Appellant’s recommended guidelines sentence was a five and one-half to seven year state prison term. The trial…