GIRARD v. STATE

No. 89-2261.

584 So.2d 235 (1991)

Daniel L. GIRARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 29, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and George D.E. Burden, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

We affirm appellant's conviction for driving under the influence which caused the death of a human being (DUI manslaughter) in violation of section 316.193, of the Florida Statutes (1987).

However, appellant contends, and the state properly concedes, that the trial court erred in sentencing appellant outside the guidelines without providing contemporaneous written reasons justifying departure. Accordingly, we vacate appellant's sentence and remand...

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