State v. Schmidt

• Decision Date: 07 November 1985
• Docket Number: No. 67122,67122
• Citation: 10 Fla. L. Weekly 592,478 So.2d 351
• Parties: 10 Fla. L. Weekly 592 STATE of Florida, Petitioner, v. James Edward SCHMIDT, Respondent.
• Court: Florida Supreme Court

Page 351

478 So.2d 351

10 Fla. L. Weekly 592

STATE of Florida, Petitioner, v. James Edward SCHMIDT, Respondent.

No. 67122.

Supreme Court of Florida.

Nov. 7, 1985.

Application for Review of the Decision of the District Court of Appeal--Certified

Great Public Importance; First District--Case No. BA-356.

Jim Smith, Atty. Gen. and Andrea Smith Hillyer, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

OVERTON, Justice.

This is a petition to review Schmidt v. State, 468 So.2d 1112 (Fla. 1st DCA 1985), in which the district court reversed a trial court sentencing judgment for failure to set forth written reasons for its departure from the sentencing guidelines and certified the decision as being in conflict with other district court of appeal decisions. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

In accordance with our decision in State v. Jackson, 478 So.2d 1054 No. (Fla. 1985), we approve the decision of the district court.

It is so ordered.

BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.