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688 So. 2d 1005

Spinner v. State

District Court of Appeal of Florida

Decided February 28, 1997

District Court of Appeal of Florida · decided 1997-02-28

Relies on Ree v. State

Decided 1997-02-28

WHATLEY, Judge.

¶1Allen Spinner raises several points on appeal of his conviction of second degree murder. We find merit only in his contention that the trial court erred in imposing an upward departure sentence without contemporaneously filing written reasons to support such a sentence. Ree v. State, 565 So.2d 1329 (Fla.1990).

¶2Accordingly, we affirm Spinner’s convictions but reverse his sentence and remand for resentencing within the guidelines.

CAMPBELL, A.C.J., and SCHOONOVER, J., concur. ■
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