State v. Ohler
Cases that cite this one
1 later published case cites this decision.
- Pope v. State (Fla. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.