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STATE v. DAVIS

No. 93-2835.

639 So.2d 1048 (1994)

STATE of Florida, Appellant/Cross-Appellee, v. Darren Keith DAVIS, Appellee/Cross-Appellant.

District Court of Appeal of Florida, First District.

July 12, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., James W. Rogers and Giselle Lylen Rivera, Asst. Attys. Gen., Tallahassee, for appellant/cross-appellee.

Leo A. Thomas of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellee/cross-appellant.

ERVIN, Judge.

The state appeals from an order vacating appellee's guideline departure sentence, arguing that the lower court erred in retroactively applying Ree v. State, 565 So.2d 1329 (Fla. 1990), which requires a trial court to reduce its reasons for departure to writing at the time of sentencing. Davis cross-appeals, contending that the court erred at resentencing by imposing a three-year minimum mandatory term for use...

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