Florida District Courts of Appeal, 1990

Allen v. State

Allen v. State
Florida District Courts of Appeal · Decided April 18, 1990 · Hall, Schoonover, Threadgill
560 So. 2d 294; 1990 Fla. App. LEXIS 2744; 1990 WL 48608 (Southern Reporter, Second Series)

Allen v. State

Opinion of the Court

PER CURIAM.

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.

SCHOONOVER, A.C.J., and HALL and THREADGILL, JJ., concur.

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