State v. Kimble

District Court of Appeal of Florida

State v. Kimble

481 So. 2d 102, 11 Fla. L. Weekly 184, 1986 Fla. App. LEXIS 5852

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 1986

DocketNo. 84-2205

StatusPublished

This text of 481 So. 2d 102 (State v. Kimble) 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. Kimble, 481 So. 2d 102, 11 Fla. L. Weekly 184, 1986 Fla. App. LEXIS 5852 (Fla. Ct. App. 1986).

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Opinion

ON CONFESSION OF ERROR

PER CURIAM.

After receiving a confession of error filed by the public defender, the court afforded the appellee an opportunity to respond to the appeal, see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); he has not done so. Upon our own examination of the record and the brief of appellant, we conclude that the trial court’s downward departure from the sentencing guidelines was plainly unjustified under the controlling authority of State v. Caride, 473 So.2d 1362, 1363 (Fla. 3d DCA 1985),¹ which involved an identical situation. Accordingly, the sentence imposed below is vacated and the cause remanded with directions to permit the defendant to withdraw his plea of guilty and for further proceedings not inconsistent herewith.² .

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ON CONFESSION OF ERROR

PER CURIAM.

After receiving a confession of error filed by the public defender, the court afforded the appellee an opportunity to respond to the appeal, see Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); he has not done so. Upon our own examination of the record and the brief of appellant, we conclude that the trial court’s downward departure from the sentencing guidelines was plainly unjustified under the controlling authority of State v. Caride, 473 So.2d 1362, 1363 (Fla. 3d DCA 1985),¹ which involved an identical situation. Accordingly, the sentence imposed below is vacated and the cause remanded with directions to permit the defendant to withdraw his plea of guilty and for further proceedings not inconsistent herewith.² .

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Bluebook (online)

481 So. 2d 102, 11 Fla. L. Weekly 184, 1986 Fla. App. LEXIS 5852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kimble-fladistctapp-1986.

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