Tackett v. State
| Decision Date | 26 October 1984 |
| Docket Number | No. 84-558,84-558 |
| Citation | 458 So.2d 368 |
| Parties | Gary Dean TACKETT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, and Michael E. Raiden and David Dwiggins, Asst. Public Defenders, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Frank Migliore, Jr., Asst. Atty. Gen., Tampa, for appellee.
Appellant raises various contentions concerning his sentence of thirty months for battery on a law enforcement officer. We find merit in one of those contentions.
The trial court departed from the presumptive sentence under the sentencing guidelines apparently due to the revocation of appellant's probation. However, no reasons therefor were given either in writing or in the transcript of the hearing. Rule 3.701 Fla.R.Crim.P. was amended to provide that no reason need be given for increasing the presumptive sentence under the guidelines to the next higher cell by reason of revocation of probation. However, the amendment was not adopted until after the sentencing of appellant here. See Carter v. State, 452 So.2d 953, 954 n.3 (Fla. 5th DCA 1984). Accordingly, there was a failure to comply with rule 3.701(d)(11) requiring written reasons for departures from the guidelines.
Therefore, we remand for resentencing not inconsistent with this opinion.
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Townsend v. State, 84-1147
...Florida Rule of Criminal Procedure 3.701(d)(11) is followed. Hernandez v. State, 457 So.2d 1155 (Fla. 2d DCA 1984); Tackett v. State, 458 So.2d 368 (Fla. 2d DCA 1984); Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984). See also Addison v. State, 452 So.2d 955 (Fla. 2d DCA 1984) (probation vi......
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Frazier v. State, s. 84-1134
...for departure. Defendant was sentenced on May 11, 1984, before the amended rule became effective on July 1, 1984. See Tackett v. State, 458 So.2d 368 (Fla. 2d DCA 1984). The amended rule may not be retroactively applied. Carter v. State, 452 So.2d 953, 954, n. 3 (Fla. 5th DCA Notwithstandin......