Florida District Courts of Appeal, 1986

Ingram v. State

Ingram v. State
Florida District Courts of Appeal · Decided January 29, 1986 · Glickstein, Hersey, Hurley
481 So. 2d 1006 (Southern Reporter, Second Series)

Ingram v. State

Opinion of the Court

PER CURIAM.

Defendant’s conviction is affirmed, but the sentence is vacated because of the trial court’s failure to provide written justification for its departure from the presumptive sentence. See Rule 3.701(b)(6), Fla.R. Crim.P.; State v. Jackson, 478 So.2d 1054 (Fla. 1985); Boynton v. State, 473 So.2d 703 (Fla. 4th DCA), aff'd, 478 So.2d 351 (Fla. 1985). On remand, we respectfully direct the trial court’s attention to Hendrix v. State, 475 So.2d 1218 (Fla. 1985) (inappropriate considerations for departure); and Jenkins v. State, 444 So.2d 947 (Fla. 1984) (notice required prior to imposition of costs).

CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.

HERSEY, C.J., and GLICKSTEIN and HURLEY, JJ., concur.

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