BUSTER L. TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1990-12-20
No. 90-731
DAUKSCH, COBB and SHARP, W., JJ., concur.
570 So. 2d 1159 Florida District Court of Appeal, Fifth District (1990) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Butler v. State, 530 So. 2d 324 (Fla. 5th DCA 1988), rev’d on other grounds, 547 So. 2d 925 (Fla.1989): State v. Arnold, 550 So. 2d 154 (Pla. 5th DCA 1989).

DAUKSCH, COBB and SHARP, W., JJ., concur.


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  • Osterback v. State, 574 So. 2d 327 (Fla. 5th DCA 1991)
    …der the sentencing guidelines, the recommended range was life imprisonment. The trial court failed to provide contemporaneous written reasons justifying departure. This constituted error. Robinson v. State, 520 So. 2d 1 (Fla.1988); Edwards v. State, 570 So. 2d 1159 (Fla. 5th DCA 1990). However, because the trial court did not realize that it was imposing a departure sentence, on remand the trial court must be permitted to consider whether departure is appropriate and, if so, to set forth valid reasons for depa…
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    …entencing appellant outside the guidelines without providing contemporaneous written reasons justifying departure. Accordingly, we vacate appellant’s sentence and remand for resentencing. Robinson v. State, 520 So. 2d 1 (Fla.1988); Edwards v. State, 570 So. 2d 1159 (Fla. 5th DCA 1990). Appellant committed the instant offense prior to July 1, 1988, the effective date of the amendment to Rule 3.988 of the Florida Rules of Criminal Pro [*236] cedure establishing the broader permitted sentencing ranges. Ch. 88-131…

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