Florida District Courts of Appeal, 1990

Crenshaw v. State

Crenshaw v. State
Florida District Courts of Appeal · Decided October 16, 1990 · Ferguson, Hubbart, Levy
570 So. 2d 349; 1990 Fla. App. LEXIS 7965; 1990 WL 154789 (Southern Reporter, Second Series)

Crenshaw v. State

070rehearing

ON MOTION FOR REHEARING AND CERTIFICATION

PER CURIAM.

The appellant’s motion for rehearing is denied. The State’s motion to certify the question certified in Stennis v. State, 567 So.2d 1071 (Fla. 3d DCA 1990), is granted.

*350SHOULD POPE v. STATE BE APPLIED RETROACTIVELY TO SENTENCES IMPOSED PRIOR TO APRIL 26, 1990?

Opinion of the Court

PER CURIAM.

We need not address the question whether admitting a 911 tape into evidence, where the victim identified the defendant as her assailant, was erroneous. The issue was not preserved for review by a specific contemporaneous objection. Castor v. State, 365 So.2d 701 (Fla. 1978).

Because the trial court failed to enter written reasons in support of its departure sentence, the matter must be remanded for resentencing within the guidelines. Pope v. State, 561 So.2d 554 (Fla. 1990).

Affirmed in part, reversed in part, and remanded for resentencing.

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