Florida District Courts of Appeal, 1989

State v. Ohler

State v. Ohler
Florida District Courts of Appeal · Decided March 14, 1989 · Cope, Jorgenson, Levy
539 So. 2d 38; 14 Fla. L. Weekly 684; 1989 Fla. App. LEXIS 1304; 1989 WL 21480 (Southern Reporter, Second Series)

State v. Ohler

Opinion of the Court

PER CURIAM.

The trial court failed to provide either oral or written reasons for its downward departure from the sentencing guidelines. We, therefore, reverse and remand this cause to the trial court to afford it an opportunity to enter a written order supporting the departure. See State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988).

If, upon remand, the sentence entered by the trial court exceeds the sentence specified in the plea agreement, defendant shall be given the opportunity to withdraw his plea and be tried. See State v. McMullen, 529 So.2d 821 (Fla. 3d DCA 1988).

REVERSED AND REMANDED WITH DIRECTIONS.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.