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Florida District Courts of Appeal, 1994

Pennington v. State

Pennington v. State
Florida District Courts of Appeal · Decided August 19, 1994 · Cobb, Dauksch, Harris
641 So. 2d 187; 1994 Fla. App. LEXIS 8254; 1994 WL 444890 (Southern Reporter, Second Series)

Pennington v. State

Opinion of the Court

PER CURIAM.

The sentence in this case is violative of the dictates of Thompson v. State, 638 So.2d 116 (Fla. 5th DCA June 3, 1994) and must be vacated. Upon remand appellant must be given the option to withdraw his guilty plea should the court intend to depart from the sentencing guidelines. Finally, it is apparent the court’s written community control order is different from the judge’s oral pronouncements.

SENTENCE VACATED; REMANDED.

HARRIS, C.J., and DAUKSCH and COBB, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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