Legal Opinion

Reginald L. Bryant v. State of Florida

Supreme Court of Florida

Decided October 9, 2014No. SC12-1507Published

1Opinion of the Court

Supreme Court of Florida ____________ No. SC12-1507 ____________ REGINALD L. BRYANT, Petitioner, vs. STATE OF FLORIDA, Respondent. [October 9, 2014] PERRY, J. We have for review the decision in Bryant v. State,

93 So. 3d 381

(Fla. 2d DCA 2012), in which the Second District Court of Appeal held that where a sentence was erroneous because the trial court failed to file the required written findings to support a departure, the trial court may again impose a departure sentence on remand. The district court certified conflict with the Fifth District Court of Appeal’s decision in Goldberg v. State,

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2Cases cited35 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. State v. JacksonSupreme Court of Florida · 1985
  3. Pope v. StateSupreme Court of Florida · 1990
  4. Shull v. DuggerSupreme Court of Florida · 1987
  5. Smith v. StateSupreme Court of Florida · 1992

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