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STATE v. KOLODZ

No. 4D10-1205.

79 So.3d 117 (2012)

STATE of Florida, Appellant, v. Dustin Chester KOLODZ, Appellee.

District Court of Appeal of Florida, Fourth District.

January 18, 2012.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Helene C. Hvizd , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Tom Wm. Odom , Assistant Public Defender, West Palm Beach, for appellee.

HAZOURI, J.

We agree with the state that the court erred in imposing a downward departure sentence without providing written reasons as required by section 921.00265(2), Florida Statutes (2010), and Florida Rule of Criminal Procedure 3.704(d)(27)(A). We reverse and remand for resentencing.

Kolodz pled guilty to violation of probation and a new offense. At his sentencing, he presented two statutory grounds for a downward departure sentence. The trial court...

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