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Timonere v. State
631 So. 2d 1138
Fla. Dist. Ct. App.
1994
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RYDER, Acting Chief Judge.

In this consolidated appeal, James M. Ti-monere challenges the trial court’s denial of his motion for postconviction relief based on allegations of ineffective assistance of counsel and its imposition of a departure sentence without a contemporaneous statement of the reasons for departure. We find no merit in his claim that trial counsel was ineffective, and affirm the denial of his motion for post-conviction relief without discussion.

The trial court did, however, commit reversible error when it imposed a departure sentence without providing contemporaneous reasons for the 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); Barry v. State, 626 So.2d 270 (Fla. 2d DCA 1993); Hall v. State, 598 So.2d 230 (Fla. 2d DCA 1992). Accordingly, we reverse Timonere’s sentences and remand for sentencing within the guidelines.

Affirmed in part, reversed in part and remanded. •

PATTERSON and ALTENBERND, JJ., concur.

Case Details

Case Name: Timonere v. State
Court Name: District Court of Appeal of Florida
Date Published: Feb 16, 1994
Citation: 631 So. 2d 1138
Docket Number: Nos. 92-00602, 92-04340
Court Abbreviation: Fla. Dist. Ct. App.
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