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592 So. 2d 676

592 So.2d 676

17 Fla.L.WeeklySupp. 98

Buchanan v. State

Supreme Court of Florida

Decided February 6, 1992

Supreme Court of Florida · decided 1992-02-06

Relies on 580 So. 2d 201 - State v. Buchanan

Decided 1992-02-06

PER CURIAM.

¶1Eugene Buchanan seeks review of State v. Buchanan, 580 So.2d 201, 202 (Fla. 5th DCA 1991), in which the district court certified to this Court the following question of great public importance:

IS A TRIAL COURT REQUIRED TO GIVE CONTEMPORANEOUS WRITTEN REASONS IN DEPARTING DOWNWARD FROM THE GUIDELINES, SINCE FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(b) ALLOWS A COURT IN SOME CRIMINAL CASES UPON RECEIPT OF A TIMELY MOTION TO REDUCE OR MODIFY A SENTENCE WITHOUT EXPRESSLY REQUIRING THE COURT TO GIVE CONTEMPORANEOUS WRITTEN REASONS?

¶2Id. at 202. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3We answer the question in the affirmative, adopting Judge Sharp’s opinion as the opinion of this Court. Buchanan, 580 So.2d at 202-03 (Sharp, J., on rehearing).

¶4It is so ordered.

SHAW, C.J. and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
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