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State v. Bekowsky

629 So. 2d 1076, 1994 Fla. App. LEXIS 51, 1994 WL 6377
CourtDistrict Court of Appeal of Florida
DecidedJanuary 11, 1994
DocketNos. 93-1764, 93-1766
StatusPublished

This text of 629 So. 2d 1076 (State v. Bekowsky) 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.

Bluebook
State v. Bekowsky, 629 So. 2d 1076, 1994 Fla. App. LEXIS 51, 1994 WL 6377 (Fla. Ct. App. 1994).

Opinion

PER CURIAM.

As correctly conceded by the appellee, the court improperly sentenced the defendant below the proper guideline sentence in these eases. See State v. Fields, 602 So.2d 981 (Fla. 3d DCA 1992).

Accordingly, the downward departure sentence imposed in this case must be reversed and the cause remanded with the defendant being given the opportunity to withdraw his plea. This ruling does not preclude the possibility of a reimposition of a downward departure sentence if the test set forth by Herrin v. State, 568 So.2d 920 (Fla.1990) is satisfied.

Reversed and remanded.

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Related

Herrin v. State
568 So. 2d 920 (Supreme Court of Florida, 1990)
State v. Fields
602 So. 2d 981 (District Court of Appeal of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
629 So. 2d 1076, 1994 Fla. App. LEXIS 51, 1994 WL 6377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bekowsky-fladistctapp-1994.