Florida District Courts of Appeal, 2001

State v. Mobley

State v. Mobley
Florida District Courts of Appeal · Decided February 28, 2001 · Cope, Jorgenson, Ramirez
777 So. 2d 469; 2001 Fla. App. LEXIS 2138; 2001 WL 193875 (Southern Reporter, Second Series)

State v. Mobley

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

Based on appellee Anthony Mobley’s confession of error filed in this cause, as well as our own independent review of the record, the sentence is reversed due to the trial court’s failure to justify the departure sentence with mitigating circumstances, pursuant to section 921.00265(2), Florida Statutes (1999), and the case is remanded to the trial court to allow appellee to withdraw his plea, or for re-sentencing within the guidelines.

Reversed and remanded.

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