Florida District Courts of Appeal, 1996

State v. Sherrill

Florida District Courts of Appeal · Decided August 14, 1996 · No. 96-510 · Fletcher, Goderich, Green

678 So. 2d 7; 1996 Fla. App. LEXIS 8661; 1996 WL 464090 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Barr (Fla. Dist. Ct. App. 2007)
State v. Nelson (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

As the defendant properly concedes, a below guidelines departure sentence that lacks contemporaneous written reasons for departure must be remanded for resentencing within the guidelines. Jones v. State, 639 So.2d 28, 29 (Fla. 1994); Pope v. State, 561 So.2d 554 (Fla. 1990). On remand, however, the trial court must give the defendant the opportunity to withdraw his plea. State v. Gordon, 645 So.2d 140 (Fla. 3d DCA 1994), review denied, 652 So.2d 816 (Fla. 1995); State v. Grononger, 615 So.2d 869 (Fla. 4th DCA 1993).

Reversed and remanded with directions.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.