Legal Opinion

Jones v. State

District Court of Appeal of Florida

Decided July 24, 1991No. 90-2919PublishedCited by 2 opinions

1Opinion of the Court

HERSEY, Judge.

We reverse appellant’s sentence of four years in prison followed by two years of community control as an upward departure from the sentencing guidelines not supported by written reasons. See State v. Betancourt, 552 So.2d 1107 (Fla.), approving in part Betancourt v. State, 550 So.2d 1121 (Fla. 3d DCA 1989); State v. Mestas, 507 So.2d 587 (Fla.1987). Our review of the record leads us to conclude that the trial court did not realize that the sentence was a departure. Accordingly, on remand, the trial court shall either set forth valid reasons for departure or sentence appellant *182wit…

2Cases cited4 opinions

  1. State v. BetancourtSupreme Court of Florida · 1989
  2. State v. MestasSupreme Court of Florida · 1987
  3. Merritt v. StateDistrict Court of Appeal of Florida · 1990
  4. Betancourt v. StateDistrict Court of Appeal of Florida · 1989

3Cited by2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 1991
  2. Reed v. StateDistrict Court of Appeal of Florida · 1996

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