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617 So. 2d 355

State v. Stone

District Court of Appeal of Florida · decided 1993-04-14

Relies on 601 So. 2d 309 - State v. Salley · State v. Burgos

Decided 1993-04-14

PER CURIAM.

¶1We affirm the entry of Stone’s downward departure sentence because the court status report was a sufficient contemporaneous writing, which listed the trial court’s reasons for departure. State v. Salley, 601 So.2d 309 (Fla. 4th DCA 1992). Because we conclude that the trial court entered contemporaneous written reasons for departure, we do not need to address Stone’s ineffective assistance of counsel claim, which arises from this issue. The trial court, however, erred in sentencing Stone to community control pursuant to section 948.01(10), Florida Statutes (1991). State v. Burgos, 613 So.2d 588 (Fla. 4th DCA 1993). Accordingly, Stone’s senten -e is reversed and remanded.

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

GUNTHER, J., concurs.*356STONE, J., concurs specially with opinion.OWEN, WILLIAM C., Jr., Senior Judge, dissents with opinion.
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