State v. Roman, 92-3626
| Decision Date | 31 March 1994 |
| Docket Number | No. 92-3626,92-3626 |
| Parties | 19 Fla. L. Weekly D756 STATE of Florida, Appellant, v. Mike ROMAN, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Bradford County; Chester Chance, Judge.
Robert A. Butterworth, Atty. Gen., Marilyn McFadden, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellant.
Nancy A. Daniels, Public Defender, Phil Patterson, Nada M. Carey, and J. Yvette Pressley, Asst. Public Defenders, Tallahassee, for appellee.
When Mike Roman was originally sentenced, written reasons were stated for departure from the sentencing guidelines, as required by Florida Rule of Criminal Procedure 3.701(d)(11). The State agreed to downward departure, and Roman was placed on community control. He subsequently violated the terms and conditions of community control. However, as in State v. Nickerson, 541 So.2d 725 (Fla. 1st DCA 1989), when imposing sentence after revoking community control, the court below did not provide a contemporaneous, written reason for a downward departure from the sentencing guidelines. We, therefore, REVERSE Roman's sentence and REMAND for resentencing within the guidelines. See Pope v. State, 561 So.2d 554 (Fla.1990); Ree v. State, 565 So.2d 1329 (Fla.1990).
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...The first district takes the opposite position regarding the necessity for written reasons for departure. In State v. Roman, 634 So.2d 291 (Fla. 1st DCA 1994), the State agreed to a downward departure disposition of community control. Upon revocation, the trial court did not provide a conte......
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...and OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur. 1 The Third District in Zlockower expressed agreement with State v. Roman, 634 So.2d 291 (Fla. 1st DCA 1994), in which the district court reversed and remanded for resentencing after the State agreed to a downward departure and, u......
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