557 So. 2d 914

STATE of Florida, Appellant, v. Theodore BEE, Appellee.

No. 88-2828.

District Court of Appeal of Florida, Fourth District.

March 7, 1990.

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.

WALDEN, Judge.

Theodore Bee plead guilty to a criminal offense. Thereupon he was sentenced, which sentence represented a downward *915departure 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.

State v. Bee
557 So. 2d 914

Case Details

Name
State v. Bee
Decision Date
Mar 7, 1990
Citations

557 So. 2d 914

Jurisdiction
Florida

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