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MORALES v. STATE

No. 90-2885.

613 So.2d 922 (1993)

Leonardo MORALES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 23, 1993.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.

PER CURIAM.

The defendant appeals the trial court's imposition of a departure sentence. We reverse.

The trial court initially sentenced the defendant in April, 1986. The court imposed a departure sentence and prepared a written order. However, the written order was filed seven days after the sentencing.

Due to clerical error, an appeal was not timely commenced. A belated appeal was later allowed. In the meantime...

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