MIRANDA v. STATE

No. 89-2717.

569 So.2d 890 (1990)

Jose MIRANDA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 14, 1990.


Attorney(s) appearing for the Case

Craig A. Boudreau, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles E. Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

According to the applicable law at the time of appellant's sentencing, in order for it to depart from the recommended range, the trial court had to give written reasons for its departure. Fla.R.Crim.P. 3.701(d)(11) (1987).

The state argues, however, that because the trial court explained on the record that the departure was due to the nature of the offense being shocking and inhumane, the instant case should be remanded with direction for the trial...

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