Florida District Courts of Appeal, 1999

State v. King

State v. King
Florida District Courts of Appeal · Decided January 20, 1999 · Farmer, Gunther, Hazouri
723 So. 2d 932; 1999 Fla. App. LEXIS 334; 1999 WL 18032 (Southern Reporter, Second Series)

State v. King

Opinion of the Court

PER CURIAM.

We reverse the subject sentence as being a downward departure without timely filed written reasons. Because a trial court does not have authority under rule 3.701 to substitute probation for a prison sentence when the *933guidelines sentence does not provide for probation as an alternative to incarceration, on remand defendant shall be given the opportunity to withdraw his plea.

GUNTHER, FARMER and HAZOURI, JJ., concur.

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