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State v. Davis

778 So. 2d 1104, 2001 Fla. App. LEXIS 3469, 2001 WL 273506
CourtDistrict Court of Appeal of Florida
DecidedMarch 21, 2001
DocketNo. 3D00-155
StatusPublished

This text of 778 So. 2d 1104 (State v. Davis) 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. Davis, 778 So. 2d 1104, 2001 Fla. App. LEXIS 3469, 2001 WL 273506 (Fla. Ct. App. 2001).

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant the appellee’s motion for rehearing, withdraw this court’s opinion filed on November 22, 2000, and issue the following opinion in its place.

Based on the authority of State v. Schillaci, 767 So.2d 598 (Fla. 4th DCA 2000), State v. Petringelo, 762 So.2d 965 (Fla. 2d DCA 2000), and State v. White, 755 So.2d 830 (Fla. 5th DCA 2000), we reverse the imposition of the downward departure sentence and remand for resentencing under the guidelines.1 On remand, the trial court shall afford the defendant the opportunity to withdraw his plea and proceed to trial.

Reversed and remanded.

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Related

State v. Schillaci
767 So. 2d 598 (District Court of Appeal of Florida, 2000)
State v. Petringelo
762 So. 2d 965 (District Court of Appeal of Florida, 2000)
State v. White
755 So. 2d 830 (District Court of Appeal of Florida, 2000)

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Bluebook (online)
778 So. 2d 1104, 2001 Fla. App. LEXIS 3469, 2001 WL 273506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-fladistctapp-2001.