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609 So. 2d 779

Street v. State

District Court of Appeal of Florida

Decided December 30, 1992

District Court of Appeal of Florida · decided 1992-12-30

Cited by 1 later decisions — most recently April 2005

1 state decisions

Relies on 552 So. 2d 1107 - State v. Betancourt · 547 So. 2d 129 - Roberts v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-30

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PER CURIAM.

¶1We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing appellant in excess of twenty-seven years without providing written reasons for departure. See Fla.R.Crim.P. 3.988(g). Because the trial court was under the impression that this case did not involve a departure sentence, it may consider on remand whether departure is appropriate, and, if so, shall set forth valid written reasons supporting departure. State v. Bentancourt, 552 So.2d 1107 (Fla.1989). See also Roberts v. State, 547 So.2d 129 (Fla.1989).

¶2AFFIRMED IN PART; REVERSED IN PART; REMANDED.

*780HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.
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