Florida District Courts of Appeal, 1991

Gonzalez v. Shapiro

Florida District Courts of Appeal · Decided February 12, 1991 · Baskin, Hubbart, Levy

574 So. 2d 1193; 1991 Fla. App. LEXIS 981; 1991 WL 15593 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Gonzalez v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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