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745 So. 2d 329

State v. White

District Court of Appeal of Florida · decided 1997-07-02

Relies on 676 So. 2d 1367 - Stevens v. American Bankers Insurance Co. of Florida · 669 So. 2d 314 - State v. Pease

Decided 1997-07-02

¶1ON SUA SPONTE MOTION TO CERTIFY QUESTION

PER CURIAM.

¶2Because the sentencing issue decided in this case is identical to that decided by the First District in State v. Pease, 669 So.2d 314 (Fla. 1st DCA 1996), rev. granted, 676 So.2d 1369 (Fla.1996), which is now pending in the supreme court, on our own motion, we hereby certify to the supreme court the same question set forth in Pease, namely:

May a downward departure sentence be affirmed where the trial court orally pronounced valid reasons for departure at the time of sentencing, but inadvertently failed to enter contemporaneous written reasons?
GUNTHER, FARMER and KLEIN, JJ., concur.
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