State v. Mathews

Florida District Courts of Appeal
State v. Mathews, 520 So. 2d 62 (1988)
13 Fla. L. Weekly 317; 1988 Fla. App. LEXIS 327; 1988 WL 6055
Baskin, Ferguson, Hendry

State v. Mathews

Opinion of the Court

PER CURIAM.

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.

Reference

Full Case Name
The STATE of Florida v. David MATHEWS
Cited By
1 case
Status
Published