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562 So. 2d 698

562 So.2d 698

14 Fla.L.Weekly 2574

State v. Cavendish

District Court of Appeal of Florida

Decided November 8, 1989

District Court of Appeal of Florida · decided 1989-11-08

Relies on 545 So. 2d 279 - State v. Burch · State v. Jarrett

Decided 1989-11-08

PER CURIAM.

¶1We affirm appellee’s conviction. However, we withhold issuance of the mandate pending the Supreme Court’s decision in State v. Burch, 545 So.2d 279 (Fla.4th DCA 1989), review pending, Burch v. State, Case No. 73,826.

¶2We reverse the sentence imposed because the trial court failed to state its reasons in writing for its two-cell downward departure from the sentencing guidelines. We remand this case to the trial court with instructions to state its reasons in writing for the downward departure or in the alternative, if the trial court elects to sentence within the guidelines’ range, to permit appellee to withdraw his plea. See State v. Sims, 530 So.2d 1089 (Fla.4th DCA 1988).

¶3AFFIRMED IN PART; REVERSED IN PART and REMANDED.

GLICKSTEIN, DELL and WALDEN, JJ., concur.
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