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912 So. 2d 348

State v. Clark

District Court of Appeal of Florida

Decided October 5, 2005

District Court of Appeal of Florida · decided 2005-10-05

Relies on 732 So. 2d 1065 - Banks v. State

Decided 2005-10-05

PER CURIAM.

¶1The State appeals the trial court’s downward departure from the sentencing guidelines, arguing that the trial court gave no written or oral reasons for the departure.1 Our search of the record reveals no written or oral reason for the downward departure. Accordingly we conclude that the departure is reversible error. Banks v. State, 732 So.2d 1065 (Fla.1999).

¶2Accordingly Clark’s sentence is reversed and the cause is remanded to present Clark with the opportunity to withdraw his plea.

¶3Reversed and remanded.

¶4. The State had, in fact, filed its intention to seek an enhanced penalty as an habitual felony offender.

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