ROGERS v. STATE

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District Court of Appeal of Florida,Fourth District.

James ROGERS, Appellant, v. STATE of Florida, Appellee.

No. 98-0635

Decided: January 27, 1999

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

This is an appeal from a conviction and sentence for attempted first degree murder (Count I) and attempted second degree murder with a firearm (Count II).   Although we find no merit in Rogers' numerous challenges to his conviction, we agree with his assertion that the trial court imposed a departure sentence without written reasons.

 Rogers was sentenced to twenty-five years for Count I and seventeen years for Count II, for a total of forty-two years.   When a defendant is convicted of multiple offenses, a trial court should impose a separate sentence for each offense.   The total sentence, however, cannot exceed the total guideline sentence unless a written reason is given for the departure.   See Fla. R.Crim. P. 3.701(d)(12).   Rogers' guideline sentencing range was seventeen to forty years;  the State concedes that the forty-two year sentence which the trial court imposed amounted to a departure sentence without written reasons and was error.   Accordingly, we vacate the sentence and remand for re-sentencing within the guidelines.

Affirmed in part, reversed in part and remanded.

PER CURIAM.

STONE, C.J., DELL and STEVENSON, JJ., concur.

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