Gonzalez v. Shapiro

District Court of Appeal of Florida

Gonzalez v. Shapiro

574 So. 2d 1193, 1991 Fla. App. LEXIS 981, 1991 WL 15593

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 1991

DocketNo. 90-2874

StatusPublished

Cited by1 cases

This text of 574 So. 2d 1193 (Gonzalez v. Shapiro) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gonzalez v. Shapiro, 574 So. 2d 1193, 1991 Fla. App. LEXIS 981, 1991 WL 15593 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We treat the petition for prohibition/mandamus as a petition for writ of certiorari. Berry v. State, 547 So.2d 1273 (Fla. 1st DCA 1989). The sentence was properly set aside; it was a downward departure, below the statutory minimum mandatory sentence. We therefore re[1194]*1194mand with instructions to the trial court to permit defendant Gonzalez to withdraw his plea and proceed to trial. State v. Baez-Acuna, 559 So.2d 1298 (Fla. 3d DCA 1990).

Certiorari granted.

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PER CURIAM.

We treat the petition for prohibition/mandamus as a petition for writ of certiorari. Berry v. State, 547 So.2d 1273 (Fla. 1st DCA 1989). The sentence was properly set aside; it was a downward departure, below the statutory minimum mandatory sentence. We therefore re[1194]*1194mand with instructions to the trial court to permit defendant Gonzalez to withdraw his plea and proceed to trial. State v. Baez-Acuna, 559 So.2d 1298 (Fla. 3d DCA 1990).

Certiorari granted.

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Bluebook (online)

574 So. 2d 1193, 1991 Fla. App. LEXIS 981, 1991 WL 15593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-shapiro-fladistctapp-1991.

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