State v. Mathews
State v. Mathews
520 So. 2d 62; 13 Fla. L. Weekly 317; 1988 Fla. App. LEXIS 327; 1988 WL 6055
(Southern Reporter, Second Series)
State v. Mathews
Opinion of the Court
On the controlling authority of State v. Davis, 464 So.2d 195 (Fla. 3d DCA 1985) (notwithstanding that the state, within the context of a plea offer, had agreed to a deviation below the guidelines, it was improper for the trial court to offer the defendant a lower sentence without a sufficient basis), we reverse the trial court’s sentence which departs downward from the guidelines’ recommended range.
On remand the trial court must impose a guideline sentence or permit the defendant to withdraw the plea.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.