Novicki v. State

ON PETITION FOR REHEARING

We grant rehearing, withdraw our opinion of March 6, 1991, and issue the following opinion in its stead. The judgment and sentence are affirmed.

*572The trial court departed upward from the guidelines in sentencing appellant. At sentencing, the court orally announced reasons for imposing an aggravated sentence. On the same day, subsequent to the hearing, a written statement of the reasons for departure was filed.

In our initial opinion, this court reversed the defendant’s sentence and remanded for resentencing, in accordance with the supreme court’s opinion in Ree v. State,…