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State v. Bee

District Court of Appeal of Florida, Fourth District
Mar 7, 1990
557 So. 2d 914 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-2828.

March 7, 1990.

Appeal from the Circuit Court, Broward County, Patti Englander Henning, J.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellee.


Theodore Bee plead guilty to a criminal offense. Thereupon he was sentenced, which sentence represented a downward departure from the sentencing guidelines. The trial court did not provide written reasons for the departure. Subsequently, on July 11, 1989, a written order was entered, nunc pro tunc, September 26, 1988, listing written reasons for the downward departure.

The State of Florida appeals. We reverse and remand upon authority of Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989) which provides that the written reasons for the departure from the sentencing guidelines must be provided contemporaneously, that is to say, at time of sentencing.

We reverse and remand with instructions to totally resentence Theodore Bee in line with the requirements of Ree v. State.

REVERSED and REMANDED with instructions.

LETTS, WALDEN and STONE, JJ., concur.


Summaries of

State v. Bee

District Court of Appeal of Florida, Fourth District
Mar 7, 1990
557 So. 2d 914 (Fla. Dist. Ct. App. 1990)
Case details for

State v. Bee

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. THEODORE BEE, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 7, 1990

Citations

557 So. 2d 914 (Fla. Dist. Ct. App. 1990)

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State v. Clary

Therefore, the departure reasons should have been provided at the time of sentencing. State v. Bee, 557 So.2d…