State v. Benitez

93 So. 3d 1248, 2012 WL 3326610, 2012 Fla. App. LEXIS 13456
District Court of Appeal of Florida·Decided August 15, 2012·No. Nos. 3D11-474, 3D11-473, 3D11-467, 3D11-470·Published

Opinion

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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State v. Benitez, 93 So. 3d 1248, 2012 WL 3326610, 2012 Fla. App. LEXIS 13456 (Fla. Ct. App. 2012).

93 So. 3d 1248 (State v. Benitez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Walters
12 So. 3d 298 (District Court of Appeal of Florida, 2009)
State v. Salgado
948 So. 2d 12 (District Court of Appeal of Florida, 2006)
State v. PITA
54 So. 3d 557 (District Court of Appeal of Florida, 2011)