Spinner v. State

District Court of Appeal of Florida

Spinner v. State

688 So. 2d 1005, 1997 Fla. App. LEXIS 1788, 1997 WL 87343

District Court of Appeal of Florida·Decided February 28, 1997·No. No. 95-00323·Published·Cited by 1 cases

Opinion

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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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. ■

Spinner v. State, 688 So. 2d 1005, 1997 Fla. App. LEXIS 1788, 1997 WL 87343 (Fla. Ct. App. 1997).

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Opinion

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