HOLMES v. STATE

No. 89-0150.

556 So.2d 1224 (1990)

James HOLMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 21, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles E. Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

After being found guilty of possession of cocaine, the defendant came on for sentencing, at which time the trial judge orally recounted the reasons why he was departing upward from the guidelines. Seventeen days later, the trial judge reduced to writing those same reasons for departure. Recent law from our Supreme Court says he was in error and we reverse.

We already "reluctantly" held in Ree v. State, 512 So.2d 1085<...

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