Legal Opinion

Henderson v. State

District Court of Appeal of Florida

Decided April 6, 1992No. 91-2146PublishedCited by 1 opinion

1Per curiam

The sentence imposed against the appellant is a departure sentence, Robinson v. State, 520 So.2d 1 (Fla.1988), but no reasons for departure were given. Accordingly, we vacate the sentence and remand for resentencing. Because the sentencing transcript reveals that the trial judge did not know that he was imposing a departure sentence, on remand he may consider a departure sentence. See State v. Betancourt, 552 So.2d 1107 (Fla.1989). The trial court is directed to give the appellant credit for all time served as of the date of resen-*775tencing. See Brown v. State, 584 So.2d 209 (Fla.1991).

BOOTH,…

2Cases cited3 opinions

  1. State v. BetancourtSupreme Court of Florida · 1989
  2. Robinson v. StateSupreme Court of Florida · 1988
  3. Brown v. StateDistrict Court of Appeal of Florida · 1991

3Cited by1 opinion

  1. Henderson v. StateDistrict Court of Appeal of Florida · 1993

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