Florida District Courts of Appeal, 1994

Kerr v. State

Kerr v. State
Florida District Courts of Appeal · Decided May 25, 1994 · Danahy, Hall, Patterson
637 So. 2d 340; 1994 Fla. App. LEXIS 5011; 1994 WL 209034 (Southern Reporter, Second Series)

Kerr v. State

Opinion of the Court

PER CURIAM.

In sentencing the appellant for second-degree murder and possession of a short-barrelled shotgun, the trial court orally stated reasons for departing from the guidelines. Because the trial court filed no written reasons for departure, we must reverse and “remand for resentencing with no possibility of departure from the guidelines.” King v. State, 623 So.2d 486, 489 (Fla. 1993) (quoting Pope v. State, 561 So.2d 554, 556 (Fla. 1990)).

Reversed and remanded.

DANAHY, A.C.J., and HALL and PATTERSON, JJ., concur.

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