Florida District Courts of Appeal, 1993

State v. Schank

State v. Schank
Florida District Courts of Appeal · Decided November 1, 1993 · Allen, Barfield, Booth
625 So. 2d 999; 1993 Fla. App. LEXIS 11182; 1993 WL 437776 (Southern Reporter, Second Series)

State v. Schank

Opinion of the Court

PER CURIAM.

This cause is before us on appeal by the State from a downward departure sentence. The trial court’s failure to issue contemporaneous written reasons for downward departure requires resentencing with no possibility of departure from the guidelines. State v. Howell, 611 So.2d 5 (Fla. 1st DCA 1992); see Fraser v. State, 602 So.2d 1299 (Fla. 1992); Owens v. State, 598 So.2d 64 (Fla. 1992); and Pope v. State, 561 So.2d.554 (Fla. 1990). Ap-*1000pellee’s sentence is vacated, and this cause is remanded for resentencing.

BOOTH, BARFIELD and ALLEN, JJ., concur.

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