State v. Oden
| Decision Date | 31 October 1985 |
| Docket Number | No. 66650,66650 |
| Citation | 10 Fla. L. Weekly 590,478 So.2d 51 |
| Parties | 10 Fla. L. Weekly 590 STATE of Florida, Petitioner, v. Mark ODEN, et al., Respondents. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Certified Direct Conflict; First District--Case Nos. AY-68, AY-71 & AY-92.
Jim Smith, Atty. Gen. and Andrea Smith Hillyer, Asst. Atty. Gen., Tallahassee, for petitioner.
Michael E. Allen, Public Defender and Larry G. Bryant, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondents.
In the instant case, the district court held: "It was reversible error for the trial court to depart from the guidelines without providing a contemporaneous written statement of the reasons therefor at the time each sentence was pronounced." Oden v. State, 463 So.2d 313, 314 (Fla. 1st DCA 1984). This holding conflicts with decisions of other district courts of appeal. We approve the instant decision based on our recent opinion in State v. Jackson, 478 So.2d 1054 (Fla. 1985).
It is so ordered.
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Davis v. State
...we stated that the trial court, contemporaneously with the sentencing, must provide written reasons for a departure sentence. State v. Oden, 478 So.2d 51 (Fla.1985). It was these two decisions that we relied on in reaching our decision in Ree. Further, as we acknowledged in Smith, the failu......
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Ree v. State, 4-86-0650
...trial court's written order of departure was not contemporaneous with its pronouncement of sentence. We reluctantly agree. In State v. Oden, 478 So.2d 51 (Fla.1985), the supreme court approved the first district's holding that "[i]t was reversible error for the trial court to depart from th......
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State v. Williams, 86-3056
...of the reasons therefore at the time each sentence was pronounced." Ree v. State, 512 So.2d 1085 (Fla. 4th DCA 1987), citing State v. Oden, 478 So.2d 51 (Fla.1985), appeal after remand, 502 So.2d 64 (Fla. 1st DCA 1987) (emphasis supplied); see Elkins v. State, 489 So.2d 1222 (Fla. 5th DCA F......
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Pope v. State, 88-787
...Dugger, 515 So.2d 748 (Fla.1987) which prohibits this result. In Oden v. State, 463 So.2d 313 (Fla. 1st DCA 1984), approved, State v. Oden, 478 So.2d 51 (Fla.1985) the appellate court vacated a departure sentence for failure of the trial court to provide written reasons, and remanded for re......