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State v. Birkigt

605 So. 2d 93, 1992 Fla. App. LEXIS 8042, 1992 WL 161650
CourtDistrict Court of Appeal of Florida
DecidedJuly 15, 1992
DocketNo. 91-2149
StatusPublished

This text of 605 So. 2d 93 (State v. Birkigt) 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. Birkigt, 605 So. 2d 93, 1992 Fla. App. LEXIS 8042, 1992 WL 161650 (Fla. Ct. App. 1992).

Opinions

PER CURIAM.

The state appeals from a downward departure sentence. Appellee, Birkigt, concedes that the trial court failed to give written reasons for its departure. Therefore, we reverse Birkigt’s sentence and remand for entry of a sentence within the guidelines range. State v. Davis, 579 So.2d 375 (Fla. 4th DCA 1991). Neither the state nor Birkigt have briefed or presented argument on the issue of whether Birkigt should be allowed to withdraw his plea on remand; therefore, we do not address this issue.

[94]*94POLEN, J., OWEN, WILLIAM C., Jr., Senior Judge, and FEDER, RICHARD Y., Associate Judge, concur.

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Related

State v. Davis
579 So. 2d 375 (District Court of Appeal of Florida, 1991)

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Bluebook (online)
605 So. 2d 93, 1992 Fla. App. LEXIS 8042, 1992 WL 161650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-birkigt-fladistctapp-1992.