Florida District Courts of Appeal, 1989

State v. Devine

State v. Devine
Florida District Courts of Appeal · Decided September 5, 1989 · Baskin, Cope, Schwartz
547 So. 2d 1304; 14 Fla. L. Weekly 2069; 1989 Fla. App. LEXIS 4899; 1989 WL 101302 (Southern Reporter, Second Series)

State v. Devine

Opinion of the Court

PER CURIAM.

The appellee confesses error in the failure of the trial court to support the downward departure sentence by written reasons. See State v. Vickery, 536 So.2d 380 (Fla. 3d DCA 1989); State v. McDavid, 532 So.2d 1125 (Fla. 3d DCA 1988). Accordingly, the case is remanded with directions to supply those reasons, to permit the defendant to withdraw his nolo plea and go to trial, or to sentence him within the guidelines.

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