Allen v. State
Allen v. State
560 So. 2d 294; 1990 Fla. App. LEXIS 2744; 1990 WL 48608
(Southern Reporter, Second Series)
Allen v. State
Opinion of the Court
At sentencing the trial court departed upward from the recommended guidelines sentence and orally gave as a reason the appellant’s multiple violations of probation. This is a valid reason for departure. Williams v. State, 559 So.2d 680 (Fla. 2d DCA April 4, 1990) (en banc). However, no written reason for departure was filed. We, therefore, remand for re-sentencing and entry of a written order setting forth the reasons for departure in accordance with Florida Rule of Criminal Procedure 3.701(d)(11), if the trial court again departs.
Remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.