Legal Opinion

Ferguson v. State

District Court of Appeal of Florida

Decided September 21, 1989No. 89-172PublishedCited by 1 opinion

1Opinion of the Court

GOSHORN, Judge.

The appellant, Robert Ferguson, appeals his guideline departure sentence because the trial judge did not provide written reasons for departure as required by Fla.R. Crim.P. 3.701(d)(ll). Accordingly, the sentence is vacated and remanded for resen-tencing. See Wilkerson v. State, 513 So.2d 664 (Fla.1987); State v. Jackson, 478 So.2d 1054 (Fla.1985), superceded on other grounds by Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987). If, upon remand, the trial court imposes a departure sentence, it must supply written reasons. Pope v. State, 542 So.2d 423 (Fla.…

2Cases cited4 opinions

  1. Miller v. FloridaSupreme Court of the United States · 1987
  2. State v. JacksonSupreme Court of Florida · 1985
  3. Wilkerson v. StateSupreme Court of Florida · 1987
  4. Pope v. StateDistrict Court of Appeal of Florida · 1989

3Cited by1 opinion

  1. Ferguson v. StateSupreme Court of Florida · 1990

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