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Florida District Courts of Appeal, 1989

State v. Simmons

State v. Simmons
Florida District Courts of Appeal · Decided March 14, 1989 · Baskin, Jorgenson, Levy
539 So. 2d 40; 14 Fla. L. Weekly 686; 1989 Fla. App. LEXIS 1286; 1989 WL 21489 (Southern Reporter, Second Series)

State v. Simmons

Opinion of the Court

PER CURIAM.

The trial court failed to give written reasons for its downward departure from the sentencing guidelines. We reverse and remand to afford the trial court an opportunity to enter a written sentencing order which supports the departure. State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988). If, upon remand, the sentence exceeds the terms of the plea agreement, defendant shall be afforded the opportunity to with*41draw his plea. State v. Johnson, 512 So.2d 1116 (Fla. 3d DCA 1987).

REVERSED AND REMANDED.

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

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