Florida District Courts of Appeal, 1990

State v. Bee

Florida District Courts of Appeal · Decided March 7, 1990 · Letts, Stone, Walden

557 So. 2d 914; 1990 Fla. App. LEXIS 1331; 1990 WL 20107 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Clary (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WALDEN, Judge.

Theodore Bee plead guilty to a criminal offense. Thereupon he was sentenced, which sentence represented a downward *915departure from the sentencing guidelines. The trial court did not provide written reasons for the departure. Subsequently, on July 11, 1989, a written order was entered, nunc pro tunc, September 26, 1988, listing written reasons for the downward departure.

The State of Florida appeals. We reverse and remand upon authority of Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989) which provides that the written reasons for the departure from the sentencing guidelines must be provided contemporaneously, that is to say, at time of sentencing.

We reverse and remand with instructions to totally resentence Theodore Bee in line with the requirements of Ree v. State.

REVERSED and REMANDED with instructions.

LETTS, WALDEN and STONE, JJ., concur.

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