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Clay v. State

District Court of Appeal of Florida, Second District
Jun 17, 1987
508 So. 2d 561 (Fla. Dist. Ct. App. 1987)

Opinion

No. 85-2931.

June 17, 1987.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

James Marion Moorman, Public Defender, and A.N. Radabaugh, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


Defendant appeals from the revocation of his probation and sentence therefor.

We affirm the revocation of probation. We find no reversible error from his contention that adequate charging documents do not appear in the record. The record reflects that he was charged with certain probation violations of which he was found guilty, and there was no objection to any failure to advise him of the charges.

However, there must be a remand for resentencing. While the trial court orally departed from the sentencing guidelines, no written reasons were provided, and the oral reasons were clearly insufficient under the case law.

Reversed and remanded for resentencing within the guidelines recommended sentencing range.

CAMPBELL, A.C.J., LEHAN and FRANK, JJ., concur.


Summaries of

Clay v. State

District Court of Appeal of Florida, Second District
Jun 17, 1987
508 So. 2d 561 (Fla. Dist. Ct. App. 1987)
Case details for

Clay v. State

Case Details

Full title:JOHN F. CLAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 17, 1987

Citations

508 So. 2d 561 (Fla. Dist. Ct. App. 1987)

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