State v. Echemeque, 86-2354
| Decision Date | 17 March 1987 |
| Docket Number | No. 86-2354,86-2354 |
| Citation | 503 So.2d 996,12 Fla. L. Weekly 776 |
| Parties | 12 Fla. L. Weekly 776 The STATE of Florida, Appellant, v. Lazara ECHEMEQUE, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, for appellee.
Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.
We relinquished jurisdiction to the trial court for the purpose of allowing it to enter a written statement explaining its reasons for departing below the sentencing guidelines in sentencing the defendant. Our relinquishment having expired, and no written order having been entered, the defendant's sentence is reversed and the cause is remanded to the trial court for resentencing. See State v. Jackson, 478 So.2d 1054 (Fla.1985). We remind the trial court that Florida Rule of Criminal Procedure 3.701(d)(11) requires that "[a]ny sentence outside of the guidelines must be accompanied by a written statement delineating the reasons for the departure." We trust that should the trial court upon resentencing again depart from the guidelines, it will comply with the requirements of this rule.
Reversed and remanded.
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State v. Lemon, 87-1334
...has stated that notations on a scoresheet do not constitute a sufficient writing as required by rule and statute. State v. Echemeque, 503 So.2d 996 (Fla. 3d DCA 1987); Echevarria v. State, 492 So.2d 1146 (Fla. 3d DCA 1986); Bauza v. State, 491 So.2d 323 (Fla. 3d DCA 1986); Mortimer v. State......
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Johnson v. State, 87-715
...requirement, Fla.R.Crim.P. 3.701(d)(11). See, e.g., State v. Lemon, 517 So.2d 117, 117 n. 1 (Fla. 3d DCA 1987); State v. Echemeque, 503 So.2d 996 (Fla. 3d DCA 1987); Echevarria v. State, 492 So.2d 1146 (Fla. 3d DCA 1986); Bauza v. State, 491 So.2d 323 (Fla. 3d DCA 1986); Mortimer v. State, ......
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