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Barry v. State

District Court of Appeal of Florida, Second District
Oct 29, 1993
626 So. 2d 270 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-00343.

October 29, 1993.

Appeal from the Circuit Court for Pinellas County; Oliver L. Green, Jr., Associate Judge.

Richard J. Sanders, Gulfport, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.


Appellant challenges his convictions and sentences arising out of a large-scale cocaine smuggling operation contending there was insufficient evidence to support the convictions, an erroneous denial of a motion to suppress, and an invalid departure sentence imposed without contemporaneous reasons. We find no error in the issues raised relating to his convictions. There is, however, reversible error in the trial court's imposing a departure sentence without providing contemporaneous reasons for departure at the sentencing hearing. See Ree v. State, 565 So.2d 1329 (Fla. 1990), modified by State v. Lyles, 576 So.2d 706 (Fla. 1991); see also Hall v. State, 598 So.2d 230 (Fla. 2d DCA 1992). Accordingly, we affirm his convictions but reverse his sentences and remand for resentencing within the guidelines.

DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.


Summaries of

Barry v. State

District Court of Appeal of Florida, Second District
Oct 29, 1993
626 So. 2d 270 (Fla. Dist. Ct. App. 1993)
Case details for

Barry v. State

Case Details

Full title:JOHN HENRY BARRY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 29, 1993

Citations

626 So. 2d 270 (Fla. Dist. Ct. App. 1993)

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