DERICK BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DERICK BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
550 So. 2d 1194
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentence. Appellant urges and appellee concedes that the sentencing judge erred by imposing a departure sentence without giving written reasons. Also, full credit for previous time served in jail was not given.
The sentence is quashed and the case remanded for resentencing.
SENTENCE QUASHED; REMANDED.
DANIEL, C.J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 569 So. 2d 872 (Fla. 2d DCA 1990)…a crime, cannot be the sole basis for that defendant’s conviction for that crime; there must be prima facie evidence of the crime charged independent of the defendant’s admission. Jordan v. State, 560 So. 2d 315 (Fla. 1st DCA 1990); Finney v. State, 550 So. 2d 1194 (Fla. 1st DCA 1989). Although we can find no case in Florida which sets forth the corpus delicti for the crime of possession of cocaine with the intent to sell, it would appear that the state [*874] would have to show prima facie evidence that Johns…
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Jordan v. State, 560 So. 2d 315 (Fla. 1st DCA 1990)…e the defendant’s admission in evidence “when the corpus delicti, that is, that the crime charged had been committed, could be established only by the confession or admission.” Hodges v. State, 176 So. 2d 91, 93 (Fla.1965). See also Finney v. State, 550 So. 2d 1194 (Fla. 1st DCA 1989). Unquestionably, the state could not establish the corpus delicti in this case without total reliance on Jordan’s equivocal statements that he had some crack cocaine in the matchbox which he asked Loretta Regar to purchase. The…