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STATE v. BIRKIGT

No. 91-2149.

605 So.2d 93 (1992)

STATE of Florida, Appellant, v. Chris BIRKIGT, Appellee.

District Court of Appeal of Florida, Fourth District.

On Rehearing October 13, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellant.

Fred Haddad, Fort Lauderdale, for appellee.

PER CURIAM.

The state appeals from a downward departure sentence. Appellee, Birkigt, concedes that the trial court failed to give written reasons for its departure. Therefore, we reverse Birkigt's sentence and remand for entry of a sentence within the guidelines range. State v. Davis, 579 So.2d 375 (Fla. 4th DCA 1991). Neither the state nor Birkigt have briefed or presented argument on the issue of whether Birkigt should...

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