State v. Franquiz

654 So. 2d 1068
CourtDistrict Court of Appeal of Florida
DecidedMay 24, 1995
Docket94-1301, 94-1545
StatusPublished
Cited by4 cases

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.

Bluebook
State v. Franquiz, 654 So. 2d 1068 (Fla. Ct. App. 1995).

Opinion

654 So.2d 1068 (1995)

The STATE of Florida, Appellant,
v.
Henry FRANQUIZ, Appellee.

Nos. 94-1301, 94-1545.

District Court of Appeal of Florida, Third District.

May 24, 1995.

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.

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Related

Hunt v. State
685 So. 2d 964 (District Court of Appeal of Florida, 1996)
Franquiz v. State
682 So. 2d 536 (Supreme Court of Florida, 1996)
State v. Brown
675 So. 2d 991 (District Court of Appeal of Florida, 1996)
State v. Delgadillo
659 So. 2d 1264 (District Court of Appeal of Florida, 1995)

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654 So. 2d 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-franquiz-fladistctapp-1995.