Florida District Courts of Appeal, 2012

State v. Benitez

State v. Benitez
Florida District Courts of Appeal · Decided August 15, 2012 · Fernandez, Schwartz, Suarez
93 So. 3d 1248; 2012 WL 3326610; 2012 Fla. App. LEXIS 13456 (Southern Reporter, Third Series)

State v. Benitez

Opinion of the Court

ON CONFESSION OF ERROR

PER CURIAM.

Upon consideration of the defendants’ commendable and well-taken confession of error, the downward departure sentences entered below are vacated. See State v. Pita, 54 So.3d 557 (Fla. 3d DCA 2011); State v. Walters, 12 So.3d 298 (Fla. 3d DCA 2009); State v. Salgado, 948 So.2d 12 (Fla. 3d DCA 2006). The causes are remanded for further proceedings in which the defendants may elect whether to withdraw their pleas or be resenteneed within the guidelines. See Salgado, 948 So.2d at 18-19.

Vacated and remanded.

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