Florida District Courts of Appeal, 1986

Davis v. State

Florida District Courts of Appeal · Decided January 16, 1986 · No. 85-981 · Cobb, Dauksch, Upchurch

481 So. 2d 562; 11 Fla. L. Weekly 212; 1986 Fla. App. LEXIS 5908 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Ellison v. State (Fla. Dist. Ct. App. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

UPCHURCH, Judge.

This is an appeal from a sentencing guideline departure for convictions of forgery 1 and grand theft.2 At sentencing, the trial judge orally announced reasons for departing from the sentencing guidelines which were transcribed by the court reporter. The court, however, failed to enter a separate order providing the reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(ll). Recently, the supreme court held that reliance on the record alone is an improper method for delineating reasons for departure, State v. Jackson, 478 So.2d 1054 (Fla. 1985). Since the trial judge did not have the benefit of this recent case law at the time of sentencing, we vacate the sentences and remand for resentencing.

REVERSED and REMANDED.

COBB, C.J., and DAUKSCH, J., concur.

. § 831.01, Fla.Stat. (1983).

. §§ 812.014(l)(a), (b) and § 812.014(2)(b)(l), Fla.Stat. (1983).

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