Davis v. State, 481 So. 2d 562 (Fla. 5th DCA 1986). · Go Syfert
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Davis v. State, 481 So. 2d 562 (Fla. 5th DCA 1986). Cases Citing This Book View Copy Cite
4 citation events across 3 distinct courts.
Strongest positive: Knowlton v. State (flacirct, 1989-01-25)
Top citers, strongest first. 1 distinct citer.
cited Cited as authority (rule) Knowlton v. State
Fla. Cir. Ct. · 1989 · confidence medium
Restaurant & Motels, Inc., 481 So.2d 562, 563 (Fla. 5th DCA 1986).
Gregory DAVIS
v.
STATE of Florida
Nos. 85-981, 85-982.
District Court of Appeal of Florida, Fifth District.
Jan 16, 1986.
481 So. 2d 562
James B. Gibson, Public Defender, and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant., Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Dayto-na Beach, for appellee.
Cobb, Dauksch, Upchurch.
Cited by 1 opinion  |  Published
UPCHURCH, Judge.

This is an appeal from a sentencing guideline departure for convictions of forgery [1] and grand theft.[2] At sentencing, the trial judge orally announced reasons for departing from the sentencing guidelines which were transcribed by the court reporter. The court, however, failed to enter a separate order providing the reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(ll). Recently, the supreme court held that reliance on the record alone is an improper method for delineating reasons for departure, State v. Jackson, 478 So.2d 1054 (Fla.1985). Since the trial judge did not have the benefit of this recent case law at the time of sentencing, we vacate the sentences and remand for resentencing.

REVERSED and REMANDED.

COBB, C.J., and DAUKSCH, J., concur.
1

§ 831.01, Fla.Stat. (1983).

2

§§ 812.014(l)(a), (b) and § 812.014(2)(b)(l), Fla.Stat. (1983).