State v. Nelson

692 So. 2d 319, 1997 Fla. App. LEXIS 5116, 1997 WL 249138
District Court of Appeal of Florida·Decided May 14, 1997·No. No. 96-2763·Published·Cited by 1 cases

Opinions

CONFESSION OF ERROR

PER CURIAM.

The State appeals a downward departure sentence. We reverse.

Defendant eommendably acknowledges that the court erred in imposing a downward departure sentence in the absence of written reasons justifying the departure. See Gibson v. State, 661 So.2d 288 (Fla.1995); State v. Hedge, 670 So.2d 191 (Fla. 3d DCA 1996). Thus, we vacate the downward departure sentence and remand to allow defendant to withdraw his plea and proceed to trial or be resenteneed within the guidelines.

Sentence vacated; cause remanded.

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State v. Nelson, 692 So. 2d 319, 1997 Fla. App. LEXIS 5116, 1997 WL 249138 (Fla. Ct. App. 1997).

692 So. 2d 319 (State v. Nelson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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