SPINNER v. STATE

No. 95-00323.

688 So.2d 1005 (1997)

Allen Robert SPINNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 28, 1997.


Attorney(s) appearing for the Case

Kathleen D. Kirwin, Atlanta, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Allen Spinner raises several points on appeal of his conviction of second degree murder. We find merit only in his contention that the trial court erred in imposing an upward departure sentence without contemporaneously filing written reasons to support such a sentence. Ree v. State, 565 So.2d 1329 (Fla.1990).

Accordingly, we affirm Spinner's convictions but reverse his sentence and remand for resentencing...

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