Henderson v. State

Florida District Courts of Appeal
Henderson v. State, 596 So. 2d 774 (1992)
1992 Fla. App. LEXIS 3913; 1992 WL 67929
Allen, Barfield, Booth

Henderson v. State

Opinion of the Court

PER CURIAM.

The sentence imposed against the appellant is a departure sentence, Robinson v. State, 520 So.2d 1 (Fla. 1988), but no reasons for departure were given. Accordingly, we vacate the sentence and remand for resentencing. Because the sentencing transcript reveals that the trial judge did not know that he was imposing a departure sentence, on remand he may consider a departure sentence. See State v. Betancourt, 552 So.2d 1107 (Fla. 1989). The trial court is directed to give the appellant credit for all time served as of the date of resen-*775tencing. See Brown v. State, 584 So.2d 209 (Fla. 1991).

BOOTH, BARFIELD and ALLEN, JJ., concur.

Reference

Full Case Name
Daniel Dean HENDERSON v. STATE of Florida
Cited By
1 case
Status
Published