Legal Opinion

State v. Wishhart

District Court of Appeal of Florida

Decided July 30, 1999No. 98-02845PublishedCited by 1 opinion

1Opinion of the Court

NORTHCUTT, Judge.

The State challenges the circuit court’s decision to impose a downward departure sentence after Richard Wishhart pleaded guilty to felony and misdemeanor charges. We note that the court never really stated any reasons for the departure, either on the record at the hearing or in its written order. While we may affirm a downward departure sentence when the court fails to enter written reasons but has announced valid reasons at sentencing, we must reverse when it gives no reasons at all. Cf. Pease v. State, 712 So.2d 374 (Fla.1997).

Wishhart has suggested several hypotheses to…

2Cases cited1 opinion

  1. Pease v. StateSupreme Court of Florida · 1997

3Cited by1 opinion

  1. State v. TealDistrict Court of Appeal of Florida · 2002

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