Florida District Courts of Appeal, 1998

State v. Thomas

State v. Thomas
Florida District Courts of Appeal · Decided August 19, 1998 · Farmer, Gross, Stevenson
729 So. 2d 398; 1998 Fla. App. LEXIS 10435; 1998 WL 484055 (Southern Reporter, Second Series)

State v. Thomas

Opinion of the Court

PER CURIAM.

The state appeals a downward departure sentence imposed without written reasons after a revocation of probation. Sentence was imposed on June 11, 1997, after the decision in Franquiz v. State, 682 So.2d 536 ( Fla. 1996). The sentence was based on an open plea to the trial court, without any promise of a particular sentence. Pursuant to Fran-quiz, we remand to the trial court for resen-tencing vrithin the guidelines.

FARMER, STEVENSON and GROSS, JJ., concur.

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