Legal Opinion

Hutchinson v. State

District Court of Appeal of Florida

Decided April 17, 1985No. Nos. 84-1151, 84-1247PublishedCited by 2 opinions

1Per curiam

Appellant, Denver Hutchinson, challenges his sentences for second-degree grand theft and burglary of a dwelling entered after the trial court found him guilty of violating probation. We reverse.

Appellant correctly contends that his written sentences exceed the recommended range under the guidelines in effect at the time he was sentenced. Since the trial court did not provide a written reason for departure from the guidelines, we reverse appellant’s sentences and remand for resentencing. Hodges v. State, 460 So.2d 555 (Fla. 2d DCA 1984). At that time the court may impose sentences within the…

2Cases cited4 opinions

  1. State v. HolmesSupreme Court of Florida · 1978
  2. Roesch v. StateDistrict Court of Appeal of Florida · 1984
  3. Smith v. StateDistrict Court of Appeal of Florida · 1985
  4. Hodges v. StateDistrict Court of Appeal of Florida · 1984

3Cited by2 opinions

  1. Butler v. StateDistrict Court of Appeal of Florida · 1988
  2. Walker v. StateDistrict Court of Appeal of Florida · 1987

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