Florida District Courts of Appeal, 1997

Wilburn v. State

Wilburn v. State
Florida District Courts of Appeal · Decided July 2, 1997 · Cope, Goderich, Schwartz
696 So. 2d 496; 1997 Fla. App. LEXIS 7588; 1997 WL 363007 (Southern Reporter, Second Series)

Wilburn v. State

Opinion of the Court

PER CURIAM.

As the State properly concedes, the trial court erred by imposing an upward departure sentence without giving written reasons for the departure. However, a review of the record reveals that the trial court was un*497aware that it was imposing a departure sentence. Therefore, on remand, the trial court is permitted to reconsider whether a departure from the sentencing guidelines is appropriate and if so, to set forth valid reasons for the departure. State v. Betancourt, 552 So.2d 1107, 1108 (Fla. 1989).

The defendant’s remaining point lacks merit.

Affirmed, in part; reversed, in part, and remanded for resentencing.

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