STATE V. CLARK

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 THE STATE OF FLORIDA, Appellant, vs. ** ** ** DAVID CLARK, CASE NO. 3D04-2088 ** Appellee. ** LOWER TRIBUNAL CASE NO. F04-355 ** Opinion filed October 5, 2005. An Appeal from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge. Charles J. Crist, Jr. Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellant. Bennett H. Brummer, Public Defender, Assistant Public Defender, for appellee. and Valerie Jonas, Before FLETCHER, WELLS, and CORTIÃ AS, JJ. PER CURIAM. The State appeals the trial court s downward departure from the sentencing guidelines, arguing that the trial court gave no written or oral reasons for the departure.1 Our search of the record reason for the that the departure reveals departure. no written Accordingly reversible error. we or oral conclude downward is Banks v. State, 732 So. 2d 1065 (Fla. 1999). Accordingly Clark s sentence is reversed and the cause is remanded to present Clark with the opportunity to withdraw his plea. Reversed and remanded. The State had, in fact, filed its intention to seek an enhanced penalty as an habitual felony offender. 1 2

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