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State v. Bruner

District Court of Appeal of Florida, Second District
Mar 6, 1987
503 So. 2d 457 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-1403.

March 6, 1987.

Appeal from the Circuit Court, Hillsborough County, Manuel Menendez, Jr., J.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Theda R. James, Asst. Atty. Gen., Tampa, for appellant.

Stuart W. Umbarger, Brandon, for appellee.


The state appeals from an order of the trial court placing appellant on probation. The recommended guidelines sentence was twelve to thirty months in jail or community control. The order of the court, therefore, constituted a downward departure from the recommended guidelines range. Although reasons for departure appear in the record, the court did not prepare a written statement setting forth its reasons for departure as required by State v. Jackson, 478 So.2d 1054 (Fla. 1985); Hendrix v. State, 475 So.2d 1218 (Fla. 1985); Fla.R. Crim.P. 3.701(d)(11).

Accordingly, we reverse and remand for the trial court to enter written reasons for its departure.

DANAHY, C.J., and SCHEB and SCHOONOVER, JJ., concur.


Summaries of

State v. Bruner

District Court of Appeal of Florida, Second District
Mar 6, 1987
503 So. 2d 457 (Fla. Dist. Ct. App. 1987)
Case details for

State v. Bruner

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. HORACE BRUNER, JR., APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Mar 6, 1987

Citations

503 So. 2d 457 (Fla. Dist. Ct. App. 1987)

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