Florida District Courts of Appeal, 1992

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided December 8, 1992 · Goderich, Levy, Nesbitt
608 So. 2d 944; 1992 Fla. App. LEXIS 12696; 1992 WL 360856 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

In accordance with Smith v. State, 598 So.2d 1063 (Fla. 1992), holding Pope v. State, 561 So.2d 554 (Fla. 1990) be applied retrospectively to sentences imposed prior to April 26, 1990, defendant Bobby Johnson’s extended sentence, issued where the trial court failed to set forth written reasons supporting the enhanced sentence ordered, is vacated. The cause is hereby remanded to the trial court with instructions that Johnson be sentenced within the *945recommended sentencing range with no possibility of departure.

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