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State v. Wayda

District Court of Appeal of Florida, Third District
Nov 22, 1988
533 So. 2d 939 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-1640.

November 22, 1988.

An Appeal from the Circuit Court for Dade County, Alfonso C. Sepe, Judge.

Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellee.

Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.


In sentencing the defendant to a term of years less than that recommended by the sentencing guidelines, the trial court gave neither written nor oral reasons for the downward departure. Under such circumstances, the remedy is, as the defendant concedes, a reversal and remand to afford an opportunity to the trial court to enter a written sentencing order supporting the departure, rather than, as the State urges, a reversal and remand for resentencing within the guidelines. See Daughtry v. State, 521 So.2d 208 (Fla. 2d DCA 1988) (under Shull v. Dugger, 515 So.2d 748 (Fla. 1987), resentencing within guidelines required only when trial court's stated reasons for departure are held invalid, not when trial court has offered no reasons).

Reversed and remanded.


Summaries of

State v. Wayda

District Court of Appeal of Florida, Third District
Nov 22, 1988
533 So. 2d 939 (Fla. Dist. Ct. App. 1988)
Case details for

State v. Wayda

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. GEORGE WAYDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Nov 22, 1988

Citations

533 So. 2d 939 (Fla. Dist. Ct. App. 1988)

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