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MOORE v. STATE

No. 88-1268.

544 So.2d 346 (1989)

Willie Earl MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 15, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant asserts and appellee concedes that the sentencing judge erred by departing from the recommended guideline sentence without giving written reasons therefor. Fla.R.Crim.P. 3.701(d)(11).

The sentence is quashed and this cause remanded for proper resentencing.

SENTENCE QUASHED; REMANDED.

SHARP, C.J., and ORFINGER...

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