Florida District Courts of Appeal, 1989

State v. Davis

State v. Davis
Florida District Courts of Appeal · Decided March 28, 1989 · Hubbart, Jorgenson, Schwartz
540 So. 2d 241; 14 Fla. L. Weekly 779; 1989 Fla. App. LEXIS 1541; 1989 WL 27906 (Southern Reporter, Second Series)

State v. Davis

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 withdraw his plea. State v. Johnson, 512 So.2d 1116 (Fla. 3d DCA 1987).

REVERSED AND REMANDED.

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