Miranda v. State
Miranda v. State
Opinion of the Court
According to the applicable law at the time of appellant’s sentencing, in order for it to depart from the recommended range, the trial court had to give written reasons for its departure. Fla.R.Crim.P. 3.701(d)(ll) (1987).
The state argues, however, that because the trial court explained on the record that the departure was due to the nature of the offense being shocking and inhumane, the instant case should be remanded with direction for the trial court to reduce the reasons to written form. Oral pronouncements are insufficient to justify departure. State v. Jackson, 478 So.2d 1054, 1055 (Fla. 1985), receded from on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla. 1987). When the appellate court reverses a departure sentence because the trial court failed to provide written reasons, the appellate court must generally remand for resentencing within the guidelines. Pope v. State, 561 So.2d 554, 556 (Fla. 1990). Remanding to allow the trial
The state acknowledges error in the judgment of conviction for the count of aggravated battery which count the court had dismissed. Accordingly, on remand the judgment is to be corrected.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.