LYONS v. STATE

No. 84-1137.

462 So.2d 883 (1985)

Donald E. LYONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 1, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

We reverse defendant's sentence. The trial court did not state clear and convincing reasons for his departure from the sentencing guidelines. Fla.R.Crim.P. 3.701(d)(11). In fact, the trial court said he would state his reasons in a later written order, but apparently no such order was entered.

The transcript of the sentencing hearing shows that the trial court gave some indication of his reason for departure. The transcript may be a proper substitute...

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