Girard v. State
Girard v. State
Opinion of the Court
We affirm appellant’s conviction for driving under the influence which caused the death of a human being (DUI manslaughter) in violation of section 316.193, of the Florida Statutes (1987).
However, appellant contends, and the state properly concedes, that the trial court erred in sentencing appellant outside the guidelines without providing contemporaneous written reasons justifying departure. Accordingly, we vacate appellant’s sentence and remand for resentencing. Robinson v. State, 520 So.2d 1 (Fla. 1988); Edwards v. State, 570 So.2d 1159 (Fla. 5th DCA 1990). Appellant committed the instant offense prior to July 1, 1988, the effective date of the amendment to Rule 3.988 of the Florida Rules of Criminal Pro
Judgment AFFIRMED; sentence REVERSED; and cause REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.