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Florida District Courts of Appeal, 1990

State v. Reliford

State v. Reliford
Florida District Courts of Appeal · Decided October 23, 1990 · Barkdull, Baskin, Levy
568 So. 2d 534; 1990 Fla. App. LEXIS 8106; 1990 WL 159679 (Southern Reporter, Second Series)

State v. Reliford

Opinion of the Court

PER CURIAM.

The trial court failed to give written reasons for a downward departure of sentence after an admission of violation of previously imposed community control. Following the dictates of Pope v. State, 561 So.2d 554 (Fla. 1990), we reverse with directions to give the defendant in the trial court the opportunity to either withdraw an admission of violation of community control, or be sentenced within the guidelines with no possibility of departure.1

Reversed and remanded with directions.

. As we have previously done, we certify to the Supreme Court the question of whether or not Pope v. State, supra, should be applied retroactively.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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