STATE OF FLORIDA, APPELLANT,
v.
THEODORE BEE, APPELLEE
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WALDEN, Judge.
Theodore Bee plead guilty to a criminal offense. Thereupon he was sentenced, which sentence represented a downward departure 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.
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State v. Clary, 694 So. 2d 108 (Fla. 5th DCA 1997)…statute and the rule only apply to offenses committed after 1 January 1994. See State v. Colbert, 660 So. 2d 701 (Fla.1995) (Wells, J., concurring). Therefore, the departure reasons should have been provided at the time of sentencing. State v. Bee, 557 So. 2d 914 (Fla. 4th DCA 1990) (citing Ree v. State, 565 So. 2d 1329 (Fla.1990)). Further, the trial court entered its written reasons 30 days after the sentencing. Even if the 15-day window period applied, the written reasons were late. An order providing the…