State v. Fraser, 89-03256
| Decision Date | 10 August 1990 |
| Docket Number | No. 89-03256,89-03256 |
| Citation | 564 So.2d 1262 |
| Parties | 15 Fla. L. Weekly D2057 STATE of Florida, Appellant, v. Peter Norman FRASER, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellee.
The state challenges the downward guidelines departure sentence imposed upon the appellee, Peter Fraser. The state alleges and Fraser concedes, that the trial court failed to provide written reasons justifying the downward departure. Recently, in Pope v. State, 561 So.2d 554 (Fla.1990), the Florida Supreme Court held that upon remand for failure to provide written reasons, the trial court must resentence the offender within the recommended guidelines range. Although Pope was an upward departure, this court, in State v. Cook, 15 F.L.W. 1822 (Fla.2d DCA July 13, 1990), applied Pope in a downward departure setting.
We must, therefore, reverse Fraser's sentence and remand for resentencing, pursuant to the guidelines. In all other aspects, this matter is affirmed.
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Fraser v. State
...court fails to provide written reasons for departure, trial court must impose a guidelines sentence on remand). See State v. Fraser, 564 So.2d 1262 (Fla. 2d DCA 1990). At resentencing, the trial court again imposed the downward departure sentence and provided written reasons. The State agai......
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State v. McCall, 90-230
...within the guidelines. Pope v. State, 561 So.2d 554 (Fla.1990); State v. Reliford, 568 So.2d 534 (Fla. 3d DCA 1990); State v. Fraser, 564 So.2d 1262 (Fla. 2d DCA 1990). REVERSED and REMANDED FOR GOSHORN and PETERSON, JJ., concur. ...
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Fernandez v. State, 92-2570
...to provide contemporaneous written reasons for the departure, the state appealed and this court reversed the sentence. State v. Fraser, 564 So.2d 1262 (Fla. 2d DCA 1990). In a subsequent appeal, we held that the trial court could not provide written reasons for a downward departure at Frase......
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State v. Waldo, 91-00208
...elects to proceed to sentencing without the unacceptable conditions, he must be resentenced within the guidelines. State v. Fraser, 564 So.2d 1262 (Fla. 2d DCA 1990). Reversed and THREADGILL, J., and REESE, THOMAS S., Associate Judge, concur. ...