Jones v. State
District Court of Appeal of Florida
1Per curiam
We affirm appellant’s conviction but reverse his sentence.
The trial court did not provide written reasons for departing from a presump*517tive sentence but rather relied upon an oral pronouncement. This was error necessitating a remand so that the deficiency may be remedied. Burke v. State, 483 So.2d 404 (Fla.1985), and State v. Boynton, 478 So.2d 351 (Fla.1985).
Moreover, some of the reasons stated for departure were insufficient.
The trial court’s belief that appellant lied under oath is an invalid reason. McBride v. State, 477 So.2d 1091 (Fla. 4th DCA 1985). Lack of remorse is not a clear and…
2Cases cited6 opinions
- Mischler v. StateDistrict Court of Appeal of Florida · 1984
- Davis v. StateDistrict Court of Appeal of Florida · 1984
- State v. BoyntonSupreme Court of Florida · 1985
- Burke v. StateSupreme Court of Florida · 1985
- McBride v. StateDistrict Court of Appeal of Florida · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Evrard v. StateDistrict Court of Appeal of Florida · 1986