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642 So. 2d 147

State v. Perry

District Court of Appeal of Florida

Decided September 21, 1994

District Court of Appeal of Florida · decided 1994-09-21

Relies on 561 So. 2d 554 - Pope v. State · Herrin v. State · 598 So. 2d 64 - Owens v. State

Decided 1994-09-21

PER CURIAM.

¶1The state appeals the trial court’s sentence departing downward from sentencing guidelines. We reverse the sentence. The trial court did not provide contemporaneous written reasons for its departure sentence, Owens v. State, 598 So.2d 64 (Fla.1990); Pope v. State, 561 So.2d 554 (Fla.1990), and its oral pronouncement is not a valid reason for downward departure. Herrin v. State, 568 So.2d 920 (Fla.1990) (substance abuse alone insufficient reason for guidelines departure). Thus, its downward departure sentence is an abuse of discretion.

¶2The sentence is reversed and the ease remanded for resentencing.

¶3Sentence reversed and remanded.

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