Opinion
Case No. 96-0796.
Opinion filed July 2, 1997
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. Case No. 95-9078 CFA02.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellee.
ON SUA SPONTE MOTION TO CERTIFY QUESTION
Because the sentencing issue decided in this case is identical to that decided by the First District in State v. Pease, 669 So.2d 314 (Fla. 1st DCA 1996), rev. granted, No. 87,571 (Fla. June 19, 1996), which is now pending in the supreme court, on our own motion, we hereby certify to the supreme court the same question set forth in Pease, namely:
May a downward departure sentence be affirmed where the trial court orally pronounced valid reasons for departure at the time of sentencing, but inadvertently failed to enter contemporaneous written reasons?
GUNTHER., FARMER and KLEIN, JJ., concur.