Florida District Courts of Appeal, 1992

Jackson v. State

Jackson v. State
Florida District Courts of Appeal · Decided May 29, 1992 · Lehan, Patterson, Schoonover
599 So. 2d 275; 1992 Fla. App. LEXIS 6389; 1992 WL 112118 (Southern Reporter, Second Series)

Jackson v. State

Opinion of the Court

PATTERSON, Judge.

The trial court imposed a sentence which exceeds the permissible range of the sentencing guidelines, without giving written reasons for the departure. We reverse and remand for resentencing. At the time of sentencing, the trial court did not know that the sentence imposed was a departure sentence. Accordingly, on remand the court may again depart from the guidelines if valid written reasons for departure are given. See State v. Vanhorn, 561 So.2d 584 (Fla. 1990).

SCHOONOVER, C.J., and LEHAN, J., concur.

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