Florida District Courts of Appeal, 1994

State v. Bekowsky

State v. Bekowsky
Florida District Courts of Appeal · Decided January 11, 1994 · Cope, Levy, Nesbitt
629 So. 2d 1076; 1994 Fla. App. LEXIS 51; 1994 WL 6377 (Southern Reporter, Second Series)

State v. Bekowsky

Opinion of the Court

PER CURIAM.

As correctly conceded by the appellee, the court improperly sentenced the defendant below the proper guideline sentence in these eases. See 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 possibility 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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