State v. King

District Court of Appeal of Florida

State v. King

723 So. 2d 932, 1999 Fla. App. LEXIS 334, 1999 WL 18032

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 1999

DocketNo. 98-0323

StatusPublished

This text of 723 So. 2d 932 (State v. King) 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. King, 723 So. 2d 932, 1999 Fla. App. LEXIS 334, 1999 WL 18032 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

We reverse the subject sentence as being a downward departure without timely filed written reasons. Because a trial court does not have authority under rule 3.701 to substitute probation for a prison sentence when the [933]*933guidelines sentence does not provide for probation as an alternative to incarceration, on remand defendant shall be given the opportunity to withdraw his plea.

GUNTHER, FARMER and HAZOURI, JJ., concur.

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

PER CURIAM.

We reverse the subject sentence as being a downward departure without timely filed written reasons. Because a trial court does not have authority under rule 3.701 to substitute probation for a prison sentence when the [933]*933guidelines sentence does not provide for probation as an alternative to incarceration, on remand defendant shall be given the opportunity to withdraw his plea.

GUNTHER, FARMER and HAZOURI, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

723 So. 2d 932, 1999 Fla. App. LEXIS 334, 1999 WL 18032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-king-fladistctapp-1999.