JOHN HENRY BARRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges his convictions and sentences arising out of a large-scale cocaine smuggling operation contending there was insufficient evidence to support the convictions, an erroneous denial of a motion to suppress, and an invalid departure sentence imposed without contemporaneous reasons. We find no error in the issues raised relating to his convictions. There is, however, reversible error in the trial court’s imposing a departure sentence without providing contemporaneous reasons for departure at the sentencing hearing. See Ree v. State, 565 So. 2d 1829 (Fla.1990), modified by State v. Lyles, 576 So. 2d 706 (Fla.1991); see also Hall v. State, 598 So. 2d 230 (Fla. 2d DCA 1992). Accordingly, we affirm his convictions but reverse his sentences and remand for resentencing within the guidelines.
DANAHY, A.C.J., and PARKER and ALTENBERND, JJ., concur.
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Barry v. State, 654 So. 2d 1229 (Fla. 2d DCA 1995)…s); and perjury (count XII), five years in prison concurrent with count I. The appellant argued in his first appeal that the trial court erred in imposing a departure sentence without providing contemporaneous reasons. This court in Barry v. State, 626 So. 2d 270 (Fla. 2d DCA 1993), agreed and reversed the appellant’s sentences and remanded for resentencing within the guidelines maximum permitted sentence of seventeen years in prison. On remand, the trial court resentenced the appellant to twelve years in p…
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Timonere v. State, 631 So. 2d 1138 (Fla. 2d DCA 1994)…le error when it imposed a departure sentence without providing contemporaneous reasons for the departure at the sentencing hearing. See Ree v. State, 565 So. 2d 1329 (Fla.1990), modified by State v. Lyles, 576 So. 2d 706 (Fla.1991); Barry v. State, 626 So. 2d 270 (Fla. 2d DCA 1993); Hall v. State, 598 So. 2d 230 (Fla. 2d DCA 1992). Accordingly, we reverse Timonere’s sentences and remand for sentencing within the guidelines. Affirmed in part, reversed in part and remanded. • PATTERSON and ALTENBERND, JJ.,…
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Miller v. State, 641 So. 2d 953 (Fla. 1st DCA 1994)…previously spent on community control. We reverse and remand to the trial court with directions to credit appellant for all time previously served on community control. See Poulsen v. State, 610 So. 2d 710 (Fla. 4th DCA 1992), and Jenkins v. State, 626 So. 2d 270 (Fla. 2d DCA 1998). Remanded with directions. JOANOS, WOLF and BENTON, JJ., concur.…
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- State v. Lyles, 576 So. 2d 706 (Fla. 1991)
- Hall v. State, 598 So. 2d 230 (Fla. 2d DCA 1992)