Florida District Courts of Appeal, 1993

State v. Smith

State v. Smith
Florida District Courts of Appeal · Decided December 28, 1993 · Gersten, Levy, Nesbitt
627 So. 2d 1345; 1993 Fla. App. LEXIS 12686; 1993 WL 536037 (Southern Reporter, Second Series)

State v. Smith

Opinion of the Court

PER CURIAM.

As correctly noted by the appellee, this case, in which the court improperly sentenced the defendant below the proper guideline sentence, is governed by State v. Fields, 602 So.2d 981 (Fla. 3d DCA 1992).

Accordingly, the downward departure sentence imposed in this case must be reversed and the cause remanded with the defendant being given the opportunity to withdraw his plea. This ruling does not preclude the pos*1346sibility of a reimposition of a downward departure sentence if the test set forth by Herrin v. State, 568 So.2d 920 (Fla. 1990) is satisfied.

Reversed and remanded.

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