ALLEN ROBERT SPINNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-02-28
No. 95-00323
CAMPBELL, A.C.J., and SCHOONOVER, J., concur. ■
688 So. 2d 1005 Florida District Court of Appeal, Second District (1997) Negative Treatment
Cited by 3 cases
Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

Allen Spinner raises several points on appeal of his conviction of second degree murder. We find merit only in his contention that the trial court erred in imposing an upward departure sentence without contemporaneously filing written reasons to support such a sentence. Ree v. State, 565 So. 2d 1329 (Fla.1990).

Accordingly, we affirm Spinner’s convictions but reverse his sentence and remand for resentencing within the guidelines.

CAMPBELL, A.C.J., and SCHOONOVER, J., concur.

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