Legal Opinion

State v. Kepner

District Court of Appeal of Florida

Decided March 13, 1990No. 89-2426PublishedCited by 1 opinion

1Opinion of the Court

SCHWARTZ, Chief Judge.

Based on offenses which occurred in 1989, the trial court imposed a sentence *252under the Youthful Offender Act1 which, although it was substantially below the guidelines recommendation, was not accompanied by written (or oral) reasons to justify the departure. This is a state appeal which contends solely that written reasons are required by the applicable statute.2 In accordance with Wiedeman v. State, 506 So.2d 1079 (Fla. 5th DCA 1987), but directly contrary to State v. Nealy, 532 So.2d 1117 (Fla. 2d DCA 1988) and State v. Green, 541 So.2d 789 (Fla. 4th DCA 1989), we…

2Cases cited10 opinions

  1. Carlile v. GAME AND FRESH WATER FISH COM'NSupreme Court of Florida · 1977
  2. Florida Bar: Amendment to Rules of Criminal ProcedureSupreme Court of Florida · 1984
  3. Roberts v. StateSupreme Court of Florida · 1989
  4. Alexander v. BoothSupreme Court of Florida · 1952
  5. Malcolm v. StateDistrict Court of Appeal of Florida · 1982

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3Cited by1 opinion

  1. Kepner v. StateSupreme Court of Florida · 1991

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