Ciuros v. State
Ciuros v. State
Opinion of the Court
Mark N. Ciuros appeals various convictions stemming from a shooting incident in a bar which involved his estranged wife and others. He also appeals the departure sentence he received and the restitution ordered for injuries to one of the victims. We find no reversible error in the issues raised which deal with the convictions. Accordingly, we affirm all his convictions. We do, however, find sentencing error and reverse for resen-tencing.
At the sentencing hearing the trial judge heard argument and orally stated the reasons to support the departure. We do not reach the sufficiency of those reasons because the judge did not file the written reasons contemporaneously, but waited until eleven days later. This was error.
We remand for resentencing within the guidelines. See Ree v. State, 565 So.2d 1329 (Fla. 1990), modified by State v. Lyles, 576 So.2d 706 (Fla. 1991); see also Hall v. State, 598 So.2d 230 (Fla. 2d DCA 1992). At the resentencing hearing, the trial judge should also revisit the imposition of restitution. It
Affirmed in part, reversed in part, and remanded for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.