State v. Ohler
This text of 539 So. 2d 38 (State v. Ohler) 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 trial court failed to provide either oral or written reasons for its downward departure from the sentencing guidelines. We, therefore, reverse and remand this cause to the trial court to afford it an opportunity to enter a written order supporting the departure. See State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988).
If, upon remand, the sentence entered by the trial court exceeds the sentence specified in the plea agreement, defendant shall be given the opportunity to withdraw his plea and be tried. See State v. McMullen, 529 So.2d 821 (Fla. 3d DCA 1988).
REVERSED AND REMANDED WITH DIRECTIONS.
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Cite This Page — Counsel Stack
539 So. 2d 38, 14 Fla. L. Weekly 684, 1989 Fla. App. LEXIS 1304, 1989 WL 21480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ohler-fladistctapp-1989.