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Henderson v. State

District Court of Appeal of Florida, First District
Aug 12, 1993
622 So. 2d 172 (Fla. Dist. Ct. App. 1993)

Summary

reversing the defendant's departure sentence due to the trial court's failure to provide reasons for departure and remanding "for resentencing within the guidelines, with no possibility of departure there-from"

Summary of this case from State v. Dunn

Opinion

No. 92-2350.

August 12, 1993.

Appeal from the Circuit Court, Alachua County, Robert P. Cates, J.

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Sonya Roebuck Horbelt and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.


The sentence imposed against the appellant is a departure sentence. Henderson v. State, 596 So.2d 774 (Fla. 1st DCA 1992), review denied, 602 So.2d 941 (Fla. 1992); Henderson v. State, 577 So.2d 653 (Fla. 1st DCA 1991), review denied, 589 So.2d 291 (Fla. 1991); Robinson v. State, 520 So.2d 1 (Fla. 1988). No reasons for departure were provided. Accordingly, we VACATE the sentence and REMAND for resentencing within the guidelines, with no possibility of departure therefrom. Pope v. State, 561 So.2d 554 (Fla. 1990). The trial court is directed to give the appellant credit for all time served as of the date of final resentencing. See Brown v. State, 584 So.2d 209 (Fla. 1st DCA 1991).

ZEHMER, C.J., and BARFIELD and MICKLE, JJ., concur.


Summaries of

Henderson v. State

District Court of Appeal of Florida, First District
Aug 12, 1993
622 So. 2d 172 (Fla. Dist. Ct. App. 1993)

reversing the defendant's departure sentence due to the trial court's failure to provide reasons for departure and remanding "for resentencing within the guidelines, with no possibility of departure there-from"

Summary of this case from State v. Dunn
Case details for

Henderson v. State

Case Details

Full title:DANIEL DEAN HENDERSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 12, 1993

Citations

622 So. 2d 172 (Fla. Dist. Ct. App. 1993)

Citing Cases

State v. Dunn

In Pope v. State, the supreme court held, "[W]hen an appellate court reverses a departure sentence because…