Evans v. State

ON MOTION FOR REHEARING, CLARIFICATION AND CERTIFICATION

This cause is before us on appellee’s motions for rehearing, clarification and certification. We deny the motions for rehearing and certification, but grant the motion for clarification, and, accordingly, withdraw our former opinion of April 16, 1996, and substitute the following in lieu thereof.

Athough the trial court orally pronounced four reasons supporting appellant’s upward departure sentence, its written reasons for departure were not filed within 15 days of sentencing, as required by section 921.0016(l)(c), Florida Statutes…