LAMONT ASBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LAMONT ASBERRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
4 So. 3d 1271
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 16 cases
Opinion of the Court
We affirm the Defendant’s conviction but reverse with directions to the trial court to sentence the Defendant as a prison releasee reoffender in Count I and a habitual felony offender in Count II, in conformance with the court’s oral pronouncement at resentencing. See Barnes v. State, 977 So.2d 801 (Fla. 2d DCA 2008). The state concedes error.
HAWKES, C.J., PADOVANO, and ROBERTS, JJ., concur.
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M.H. v. State, 69 So. 3d 325 (Fla. 1st DCA 2011)…2d 556, 557 (Fla. 1st DCA 2001). Accordingly, we reverse and remand to provide the trial court an opportunity to enter an order in compliance with E.A.R., or, if the trial court cannot, impose the probation recommended by the DJJ. See M.K. v. State, 4 So. 3d 1271 (Fla. 1st DCA [*329] 2009) (reversing and remanding to provide trial court an opportunity to enter an order in compliance with E.A.R. where trial court failed to conduct proper analysis in departing from the DJJ’s recommendation); M.J.S. v. State, 6…
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C.M.H. v. State, 25 So. 3d 678 (Fla. 1st DCA 2010)…2d 556, 557 (Fla. 1st DCA 2001). Accordingly, we reverse and remand to provide the trial court an opportunity to enter an order in compliance with E.A.R., or, if the trial court cannot, impose the probation recommended by the DJJ. See M.K. v. State, 4 So. 3d 1271 (Fla. 1st DCA 2009) (reversing and remanding to provide trial court an opportunity to enter an order in compliance with E.A.R. where trial court failed to conduct proper analysis in departing from the DJJ’s recommendation); M.J.S. v. State, 6 So. 3d…
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N.P. v. State, 18 So. 3d 735 (Fla. 2d DCA 2009)…oses to depart from DJJ’s recommended disposition it must provide an explanation for why the restrictiveness level selected by the court better suits the needs of the child than the restrictiveness level recommended by DJJ. See, e.g., M.K. v. State, 4 So. 3d 1271, 1273 (Fla. 1st DCA 2009) (reversing for a new disposition hearing when the trial court had failed to meet the requirements of E.A.R. concerning findings to support a disposition different from that recommended by DJJ); see also L.R., 948 So. 2d at…
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- George v. State (Fla. 2d DCA 2024)
- Barnes v. State, 977 So. 2d 801 (Fla. 2d DCA 2008)