Florida District Courts of Appeal, 1994

State v. Roman

Florida District Courts of Appeal · Decided March 31, 1994 · Barfield, Benton, Wolf

634 So. 2d 291; 1994 Fla. App. LEXIS 3060; 1994 WL 106198 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

State v. Brown (Fla. Dist. Ct. App. 1996)
Franquiz v. State (Fla. 1996)
State v. Zlockower (Fla. Dist. Ct. App. 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

When Mike Roman was originally sentenced, written reasons were stated for departure from the sentencing guidelines, as required by Florida Rule of Criminal Procedure 3.701(d)(ll). The State agreed to downward departure, and Roman was placed on community control. He subsequently violated the terms and conditions of community control. However, as in State v. Nickerson, 541 So.2d 725 (Fla. 1st DCA 1989), when imposing sentence after revoking community control, the court below did not provide a contemporaneous, written reason for a downward departure from the sentencing guidelines. We, therefore, REVERSE Roman’s sentence and REMAND for resentencing within the guidelines. See Pope v. State, 561 So.2d 554 (Fla. 1990); Ree v. State, 565 So.2d 1329 (Fla. 1990).

BARFIELD, WOLF and BENTON, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.