STATE V. JOHNSON

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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., 2001 THE STATE OF FLORIDA, ** Appellant, ** vs. ** CASE NO. 3D01-1039 WALLACE EDWARD JOHNSON, ** LOWER TRIBUNAL NO. 01-5152 Appellee. ** Opinion filed October 10, 2001. An Appeal from the Circuit Court for Miami-Dade County, Leon M. Firtel, Judge. Robert A. Butterworth, Attorney General, and Meredith L. Balo, Assistant Attorney General (Fort Lauderdale), for appellent. Bennett H. Brummer, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellee. Before COPE, and GERSTEN, JJ., and NESBITT, Senior Judge. PER CURIAM. We reverse the defendant's downward departure sentence because the trial court failed to provide written reasons justifying departure from the guidelines recommendation. See State v. Colbert, 660 So. 2d 701 (Fla. 1995); Branam v. State, 554 So. 2d 512 (Fla. 1990). The defendant is granted thirty days from the date this decision becomes final to withdraw his plea if he so wishes. See Jones v. State, 639 So. 2d 28 (Fla. 1994). Reversed and remanded for resentencing. 2

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