Barry v. State
| Decision Date | 29 October 1993 |
| Docket Number | No. 92-00343,92-00343 |
| Citation | 626 So.2d 270 |
| Parties | 18 Fla. L. Weekly D2324 John Henry BARRY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Pinellas County; Oliver L. Green, Jr., Associate Judge.
Richard J. Sanders, Gulfport, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee.
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 1329 (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.
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Fannin v. State, 2D97-250.
...departure issue. This court reversed and remanded both cases, even though a different panel had affirmed Fannin. See Barry v. State, 626 So.2d 270 (Fla. 2d DCA 1993) (reversed October 29, 1993, and remanded for re-sentencing within guidelines), appeal after remand, Barry v. State, 654 So.2d......
- Jenkins v. State, 92-02849