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Florida District Courts of Appeal, 2005

State v. Clark

State v. Clark
Florida District Courts of Appeal · Decided October 5, 2005 · Cortinas, Fletcher, Wells
912 So. 2d 348; 2005 Fla. App. LEXIS 15761; 2005 WL 2447862 (Southern Reporter, Second Series)

State v. Clark

Opinion of the Court

PER CURIAM.

The State appeals the trial court’s downward departure from the sentencing guidelines, arguing that the trial court gave no written or oral reasons for the departure.1 Our search of the record reveals no written or oral reason for the downward departure. Accordingly we conclude that the departure is reversible error. Banks v. State, 732 So.2d 1065 (Fla. 1999).

Accordingly Clark’s sentence is reversed and the cause is remanded to present Clark with the opportunity to withdraw his plea.

Reversed and remanded.

. The State had, in fact, filed its intention to seek an enhanced penalty as an habitual felony offender.

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