Schmeisser v. State, 87-1713
| Decision Date | 15 June 1988 |
| Docket Number | No. 87-1713,87-1713 |
| Parties | 13 Fla. L. Weekly 1422, 13 Fla. L. Weekly 2086 Chester J. SCHMEISSER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the final judgment adjudicating appellant guilty, but we reverse the sentence and remand for resentencing to permit the trial court to satisfy the requirement of giving written reasons for departure from the sentencing guidelines. See State v. Jackson, 478 So.2d 1054 (Fla.1985), receded from in part on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987).
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
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Robinson v. State, 87-0562
...to allow a trial court to give written reason for departure where no written reasons were initially provided. See Schmeisser v. State, 527 So.2d 276 (Fla. 4th DCA 1988). In Robinson I, the court made no mention of the other departure reasons that were stated on the record by the trial court......
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Pope v. State, 88-787
...guidelines following the trial court's failure to provide written reasons for entering a departure sentence); compare Schmeisser v. State, 527 So.2d 276 (Fla. 4th DCA 1988) (cause reversed and remanded for the trial court to satisfy the requirement of giving written reasons for departing fr......
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Trotman v. State, 87-2991
...So.2d 1054 (Fla.1985), receded from in part on other grounds, Wilkerson v. State, 513 So.2d 664 (Fla.1987). See also Schmeisser v. State, 527 So.2d 276 (Fla. 4th DCA 1988); State v. Daughtry, 487 So.2d 1184 (Fla. 4th DCA 1986); § 921.001(6), Fla.Stat. (1987); Fla.R.Crim.P. 3.701 b.6. and d.......
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Polite v. State, 88-1382
...under review be and the same is hereby reversed and the matter is remanded to the trial court for resentencing. See Schmeisser v. State, 527 So.2d 276 (Fla. 4th DCA 1988); Francis v. State, 512 So.2d 1162 (Fla. 4th DCA ...