Florida District Courts of Appeal, 1989

Weakley v. State

Weakley v. State
Florida District Courts of Appeal · Decided June 29, 1989 · Goshorn, Orfinger, Sharp
547 So. 2d 951; 14 Fla. L. Weekly 1557; 1989 Fla. App. LEXIS 3658; 1989 WL 69807 (Southern Reporter, Second Series)

Weakley v. State

Opinion of the Court

GOSHORN, Judge.

The appellant, John Morgan Weakley, appeals his guideline departure sentence. The trial judge orally announced his reasons for departure yet did not reduce those reasons to writing as required by Fla.R. Crim.P. 3.701(d)(ll). We vacate the sentence and remand for resentencing. See State v. Jackson, 478 So.2d 1054 (Fla. 1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla. 1987). If, upon remand, the trial court imposes a departure sentence, it must supply written reasons. Pope v. State, 542 So.2d 423 (Fla. 5th DCA 1989).

REVERSED and REMANDED. ■

SHARP, C.J., and ORFINGER, J., concur.

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