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568 So. 2d 1001

Wallace v. State

District Court of Appeal of Florida

Decided October 26, 1990

District Court of Appeal of Florida · decided 1990-10-26

Relies on 552 So. 2d 1107 - State v. Betancourt · State v. VanKooten

Decided 1990-10-26

PER CURIAM.

¶1The state concedes that appellant’s sentence of two and one-half years in prison, followed by two years on community control, represents a departure from the sentencing guidelines recommendation. See State v. VanKooten, 522 So.2d 830 (Fla.1988). Since no reasons for the departure were provided, appellant must be resen-tenced. It appears from the record that the trial court was unaware the sentence represented a departure. Accordingly, the court has the option, after remand, of imposing a departure sentence if supported in writing by valid criteria. State v. Betancourt, 552 So.2d 1107 (Fla.1989).

¶2Reversed.

SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
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