Legal Opinion

Rodwell v. State

District Court of Appeal of Florida

Decided October 17, 1991No. 90-2596PublishedCited by 2 opinions

1Opinion of the Court

W. SHARP, Judge.

Rodwell appeals his upward departure sentence on the ground that the written reasons for exceeding the guidelines were *20not rendered (filed) “contemporaneously” as required. See Fla.R.Crim.P. 3.701 d 11. (Committee Note); Ree v. State, 565 So.2d 1329 (Fla. 1990), modified, State v. Lyles, 576 So.2d 706 (Fla.1991).

The trial court in this case sentenced Rodwell on November 14, 1990, orally giving the departure reasons. The reasons were put into written form and signed by the judge on the same date (November 14, 1990),1 but this paper was not filed with the court until five days…

2Cases cited2 opinions

  1. Ree v. StateSupreme Court of Florida · 1990
  2. State v. LylesSupreme Court of Florida · 1991

3Cited by2 opinions

  1. Kopko v. StateDistrict Court of Appeal of Florida · 1994
  2. Rodwell v. SingletaryDistrict Court, M.D. Florida · 2000

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