Home/District Court of Appeal of Florida/State v. Cruz

State v. Cruz

635 So. 2d 1089, 1994 Fla. App. LEXIS 4843, 1994 WL 189662
CourtDistrict Court of Appeal of Florida
DecidedMay 17, 1994
DocketNo. 94-338
StatusPublished

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

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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)

Cite This Page — Counsel Stack

Bluebook (online)
635 So. 2d 1089, 1994 Fla. App. LEXIS 4843, 1994 WL 189662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cruz-fladistctapp-1994.