STATE v. WAYDA

No. 88-1640.

533 So.2d 939 (1988)

The STATE of Florida, Appellant, v. George WAYDA, Appellee.

District Court of Appeal of Florida, Third District.

November 22, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellee.

Before DANIEL S. PEARSON, FERGUSON and JORGENSON, JJ.


PER CURIAM.

In sentencing the defendant to a term of years less than that recommended by the sentencing guidelines, the trial court gave neither written nor oral reasons for the downward departure. Under such circumstances, the remedy is, as the defendant concedes, a reversal and remand to afford an opportunity to the trial court to enter a written sentencing order supporting the departure, rather than, as the State urges, a reversal and remand for resentencing within...

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