Legal Opinion

Rodriguez v. State

District Court of Appeal of Florida

Decided December 29, 1995No. 94-03694PublishedCited by 1 opinion

1Opinion of the Court

FRANK, Acting Chief Judge.

Eric Griel Rodriguez contends that the trial court erred when it departed from the guidelines in imposing his sentence for armed robbery. The trial court stated reasons for departure on the record but wholly failed to reduce those reasons to writing. Accordingly, Rodriguez must be resenteneed within the guidelines. State v. Colbert, 660 So.2d 701 (Fla.1995) (reaffirming Ree v. State, 565 So.2d 1329 (Fla.1990)). Because a guidelines sentence must be imposed, the validity of the orally stated reasons for departure is moot. On remand, however, the court should not score…

2Cases cited3 opinions

  1. Ree v. StateSupreme Court of Florida · 1990
  2. State v. ColbertSupreme Court of Florida · 1995
  3. Harris v. StateDistrict Court of Appeal of Florida · 1995

3Cited by1 opinion

  1. Key v. StateDistrict Court of Appeal of Florida · 2000

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API