Butler v. State

723 So.2d 865 (1998)

Eli BUTLER, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. 96-4448.

District Court of Appeal of Florida, First District.

November 30, 1998.

Nancy A. Daniels, Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; J. Ray Poole, Assistant Attorney General, Tallahassee, for appellee.

WEBSTER, J.

In this direct criminal appeal, the sole issue presented is whether appellant is entitled to be resentenced pursuant to the sentencing guidelines because the trial court failed timely to file written reasons justifying its upward departure sentence. It is…