State v. Overton, 84-1736
| Decision Date | 26 February 1985 |
| Docket Number | No. 84-1736,84-1736 |
| Citation | 464 So.2d 607,10 Fla. L. Weekly 509 |
| Parties | 10 Fla. L. Weekly 509 The STATE of Florida, Appellant, v. Herman OVERTON, Appellee. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender and Henry H. Harnage, Sp. Asst. Public Defender, for appellee.
Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.
Although the reasons given by the trial court for departing from the recommended sentencing guideline range justify the departure, and a written transcript of the sentencing hearing containing a statement of reasons satisfies the requirement of Florida Rule of Criminal Procedure 3.701 d. 11 that "[a]ny sentence outside of the guidelines must be accompanied by a written statement delineating the reasons for the departure" (emphasis supplied), Brady v. State, 457 So.2d 544 (Fla. 2d DCA 1984); Fleming v. State, 456 So.2d 1300 (Fla. 2d DCA 1984); Burke v. State, 456 So.2d 1245 (Fla. 5th DCA 1984); Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984); Smith v. State, 454 So.2d 90 (Fla. 2d DCA 1984); Harvey v. State, 450 So.2d 926 (Fla. 4th DCA 1984); contra, Roux v. State, 455 So.2d 495 (Fla. 1st DCA 1984); Jackson v. State, 454 So.2d 691 (Fla. 1st DCA 1984), we nonetheless conclude that, upon withholding adjudication of the defendant, the trial court was not empowered to suspend the entry of sentence, except incident to placing the defendant on probation, see Helton v. State, 106 So.2d 79 (Fla.1958); Phillips v. State, 455 So.2d 656 (Fla. 5th DCA 1984); Shieder v. State, 430 So.2d 537, 538 n. 1 (Fla. 5th DCA 1983); Bateh v. State, 101 So.2d 869 (Fla. 1st DCA 1958), cert. discharged, 110 So.2d 7 (Fla.1959), cert. denied, 361 U.S. 826, 80 S.Ct. 74, 4 L.Ed.2d 69 (1959). Accordingly, we remand the case for the imposition of a term of probation.
Remanded.
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Vance v. State, 84-1371
...contra, Boehmer v. State, 472 So.2d 555 (Fla. 5th DCA 1985); Hernandez v. State, 465 So.2d 578 (Fla. 1st DCA 1985); State v. Overton, 464 So.2d 607 (Fla. 3rd DCA 1985); Burke v. State, 456 So.2d 1245 (Fla. 5th DCA 1984); and Harvey v. State, 450 So.2d 926 (Fla. 4th DCA ...
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Valdes v. State
...and entering sentence. We find no error in the probation revocation. Cuciak v. State, 410 So.2d 916 (Fla.1982); State v. Overton, 464 So.2d 607 (Fla. 3d DCA 1985); Brady v. State, 457 So.2d 544 (Fla. 2d DCA 1984); Atkinson v. State, 456 So.2d 568 (Fla. 5th DCA 1984); Green v. State, 455 So.......