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STATE v. SHERRILL

No. 96-510.

678 So.2d 7 (1996)

The STATE of Florida, Appellant, v. LeRoy SHERRILL, Appellee.

District Court of Appeal of Florida, Third District.

August 14, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Steven Groves, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender and Julie M. Levitt, Assistant Public Defender, for appellee.

Before GODERICH, GREEN and FLETCHER, JJ.

CONFESSION OF ERROR

PER CURIAM.

As the defendant properly concedes, a below guidelines departure sentence that lacks contemporaneous written reasons for departure must be remanded for resentencing within the guidelines. Jones v. State, 639 So.2d 28, 29 (Fla.1994); Pope v. State, 561 So.2d 554 (Fla.1990). On remand, however, the trial court must give the defendant...

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