Florida District Courts of Appeal, 1992

State v. Birkigt

State v. Birkigt
Florida District Courts of Appeal · Decided July 15, 1992 · Feder, Owen, Polen, Richard, William
605 So. 2d 93; 1992 Fla. App. LEXIS 8042; 1992 WL 161650 (Southern Reporter, Second Series)

State v. Birkigt

Opinion of the Court

PER CURIAM.

The state appeals from a downward departure sentence. Appellee, Birkigt, concedes that the trial court failed to give written reasons for its departure. Therefore, we reverse Birkigt’s sentence and remand for entry of a sentence within the guidelines range. State v. Davis, 579 So.2d 375 (Fla. 4th DCA 1991). Neither the state nor Birkigt have briefed or presented argument on the issue of whether Birkigt should be allowed to withdraw his plea on remand; therefore, we do not address this issue.

*94POLEN, J., OWEN, WILLIAM C., Jr., Senior Judge, and FEDER, RICHARD Y., Associate Judge, concur.

070rehearing

ON REHEARING

ORDERED that appellee’s petition filed July 20,1992, for rehearing for clarification is granted: Upon appellant’s concession, we clarify our opinion to add that upon re-sentencing, appellee’s correct guideline sentence range would be 3V2 to 4V2 years imprisonment.

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