Florida District Courts of Appeal, 1992

State v. Wagner

State v. Wagner
Florida District Courts of Appeal · Decided March 18, 1992 · Garrett, Hersey, Stone
595 So. 2d 286; 1992 Fla. App. LEXIS 3227; 1992 WL 48723 (Southern Reporter, Second Series)

State v. Wagner

Opinion of the Court

PER CURIAM.

The trial court erred in imposing sentence by departing downward from the sentencing guidelines without the state’s concurrence and without written reasons. We reverse for resentencing within the guidelines. Because the plea was entered in reliance on the proposed departure sentence, however, the court shall first offer appellant the opportunity to withdraw his plea and reinstitute a plea of not guilty.

HERSEY, STONE and GARRETT, JJ., concur.

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