State v. Franquiz
This text of 654 So. 2d 1068 (State v. Franquiz) 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.
Opinion
The STATE of Florida, Appellant,
v.
Henry FRANQUIZ, Appellee.
District Court of Appeal of Florida, Third District.
Robert A. Butterworth, Atty. Gen., and Mark C. Katzef, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and Julie M. Levitt, Asst. Public Defender, for appellee.
Before NESBITT, GERSTEN and GODERICH, JJ.
PER CURIAM.
We reverse on the authority of State v. Zlockower, 650 So.2d 692 (Fla. 3d DCA 1995), because the trial court did not provide contemporaneous written reasons for entering a downward departure at the time of modification of probation. Accordingly, the downward departure sentence is reversed, and the cause is remanded to allow the defendant an opportunity to withdraw his plea, or to be resentenced within the guidelines. See State v. Smith, 627 So.2d 1345 (Fla. 3d DCA 1993); State v. Grononger, 615 So.2d 869 (Fla. 4th DCA 1993). We certify to the Florida Supreme Court the same direct conflict certified in Zlockower.
Reversed and remanded; question certified.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
654 So. 2d 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-franquiz-fladistctapp-1995.