THE STATE OF FLORIDA, APPELLANT,
v.
JAMES ANTHONY BARBER, APPELLEE

Fla. 3d DCA | 1988-11-08
Nos. 87-2971, 87-3007
Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.
533 So. 2d 890 Florida District Court of Appeal, Third District (1988)

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse. The trial court failed to provide a contemporaneous written statement setting forth the reasons for the guidelines departure. State v. Oden, 478 So. 2d 51 (Fla.1985), appeal after remand, 502 So. 2d 64 (Fla. 1st DCA 1987); State v. Williams, 515 So. 2d 1051 (Fla. 3d DCA 1987); Ree v. State, 512 So. 2d 1085 (Fla 4th DCA 1987); Fla.R.Crim.P. 3.701(d)(ll). The defendant should be given an opportunity to withdraw his plea. Williams.

REVERSED.


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