State v. Cruz

635 So. 2d 1089, 1994 Fla. App. LEXIS 4843, 1994 WL 189662
Procedural entryThis page is a short order in State v. Cruz. Read the opinion of the Court — 1991 Fla. App. LEXIS 4976
District Court of Appeal of Florida·Decided May 17, 1994·No. No. 94-338·Published

Opinion

CONFESSION OF ERROR

PER CURIAM.

Appellee correctly concedes that because the trial court did not provide contemporaneous written reasons for a downward departure sentence, the sentence must be vacated and this case remanded to the trial court. At that time, the trial court may resentence the appellee within the sentencing guidelines, or allow him to withdraw his plea. Smith v. State, 598 So.2d 1063 (Fla.1992); State v. Molina, 600 So.2d 41 (Fla. 3d DCA 1992), appeal dismissed, 614 So.2d 503 (Fla.1993).

Sentence vacated and remanded for further proceedings.

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State v. Cruz, 635 So. 2d 1089, 1994 Fla. App. LEXIS 4843, 1994 WL 189662 (Fla. Ct. App. 1994).

635 So. 2d 1089 (State v. Cruz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Smith v. State
598 So. 2d 1063 (Supreme Court of Florida, 1992)
State v. Molina
600 So. 2d 41 (District Court of Appeal of Florida, 1992)