ADAMS v. STATE

No. 96-02340.

695 So.2d 860 (1997)

Shawn ADAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 18, 1997.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Austin H. Maslanik, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Acting Chief Judge.

Appellant challenges the departure sentence imposed on his convictions for attempted burglary of a dwelling and violation of a domestic injunction. The state concedes error, agreeing that a remand is required since no PSI was prepared and the departure reasons were not timely filed. The parties disagree, however, as to whether the court should again be allowed to depart. We agree with appellant that since the court failed to timely file...

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