Florida District Courts of Appeal, 1990

State v. Baez-Acuna

State v. Baez-Acuna
Florida District Courts of Appeal · Decided April 24, 1990 · Barkdull, Hubbart, Nesbitt
559 So. 2d 1298; 1990 Fla. App. LEXIS 2814; 1990 WL 49840 (Southern Reporter, Second Series)

State v. Baez-Acuna

Opinion of the Court

PER CURIAM.

The appellee having conceded error in the downward departure of a sentence below the statutory minimum mandatory provided in Section 893.135, Florida Statutes (1987), following a plea, the sentence is reversed and the matter is returned to the trial court with directions to permit the defendant therein to withdraw his plea and proceed to trial. See Anderson v. State, 507 So.2d 775 (Fla. 3d DCA 1987); State v. Row, 478 So.2d 430 (Fla. 5th DCA 1985); State v. Samudio, 460 So.2d 419 (Fla. 2d DCA 1984).

Reversed and remanded with directions.

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