Gonzalez v. Shapiro

Florida District Courts of Appeal
Gonzalez v. Shapiro, 574 So. 2d 1193 (1991)
1991 Fla. App. LEXIS 981; 1991 WL 15593
Baskin, Hubbart, Levy

Gonzalez v. Shapiro

Opinion of the Court

PER CURIAM.

We treat the petition for prohibition/mandamus as a petition for writ of certiorari. Berry v. State, 547 So.2d 1273 (Fla. 1st DCA 1989). The sentence was properly set aside; it was a downward departure, below the statutory minimum mandatory sentence. We therefore re*1194mand with instructions to the trial court to permit defendant Gonzalez to withdraw his plea and proceed to trial. State v. Baez-Acuna, 559 So.2d 1298 (Fla. 3d DCA 1990).

Certiorari granted.

Reference

Full Case Name
Jorge GONZALEZ v. The Honorable Sidney B. SHAPIRO
Cited By
1 case
Status
Published