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596 So. 2d 669

596 So.2d 669

17 Fla.L.WeeklySupp. 222

Whipple v. State

Supreme Court of Florida

Decided April 2, 1992

Supreme Court of Florida · decided 1992-04-02

Relies on 561 So. 2d 554 - Pope v. State · 598 So. 2d 1063 - Smith v. State · State v. Whipple

Decided 1992-04-02

PER CURIAM.

¶1We have for review State v. Whipple, 592 So.2d 1101 (Fla. 3d DCA 1990), in which the Third District Court of Appeal certified the following question as one of great public importance:

SHOULD POPE V. STATE [561 So.2d 554] BE APPLIED RETROACTIVELY TO SENTENCES IMPOSED PRIOR TO APRIL 26, 1990?

¶2We accept jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. In Smith v. State, 598 So.2d 1063 (Fla.1992), we answered this question in the affirmative.

¶3In the instant case, the district court correctly applied Pope retroactively by finding that even though the judge orally stated the reasons for a downward departure, the trial judge failed to provide contemporaneous written reasons. The district court correctly vacated the sentence and remanded the case for resentencing. Accordingly, we uphold the decision below.

¶4It is so ordered.

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