Florida District Courts of Appeal, 1991

State v. Jones

Florida District Courts of Appeal · Decided May 24, 1991 · Danahy, Parker, Patterson

579 So. 2d 884; 1991 Fla. App. LEXIS 5773; 1991 WL 85545 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Thomas (Fla. Dist. Ct. App. 2007)
State v. Faulk (Fla. Dist. Ct. App. 2003)

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 reverse the defendant’s sentence because the trial court failed to provide written reasons for the downward departure. Although generally, no written reasons are required for a departure based upon a negotiated plea agreement, see Smith v. State, 529 So.2d 1106 (Fla. 1988); Long v. State, 540 So.2d 903 (Fla.2d DCA 1989), the state was not a party to the plea agreement between the court and the defendant in this case. Upon remand, the trial court shall give the defendant the opportunity to withdraw his plea. See Stranigan v. State, 457 So.2d 546 (Fla. 2d DCA 1984). If the defendant does not elect to withdraw his plea, then the trial court shall sentence him within the guidelines. See State v. Cook, 571 So.2d 22 (Fla. 2d DCA 1990).

DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.

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