State v. Bekowsky

District Court of Appeal of Florida

State v. Bekowsky

629 So. 2d 1076, 1994 Fla. App. LEXIS 51, 1994 WL 6377

District Court of Appeal of Florida·Decided January 11, 1994·No. Nos. 93-1764, 93-1766·Published

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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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.

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

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Opinion

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