State v. Sherrill

District Court of Appeal of Florida

State v. Sherrill

678 So. 2d 7, 1996 Fla. App. LEXIS 8661, 1996 WL 464090

District Court of Appeal of Florida·Decided August 14, 1996·No. No. 96-510·Published·Cited by 2 cases

Opinion

CONFESSION OF ERROR

PER CURIAM.

As the defendant properly concedes, a below guidelines departure sentence that lacks contemporaneous written reasons for departure must be remanded for resentencing within the guidelines. Jones v. State, 639 So.2d 28, 29 (Fla.1994); Pope v. State, 561 So.2d 554 (Fla.1990). On remand, however, the trial court must give the defendant the opportunity to withdraw his plea. State v. Gordon, 645 So.2d 140 (Fla. 3d DCA 1994), review denied, 652 So.2d 816 (Fla.1995); State v. Grononger, 615 So.2d 869 (Fla. 4th DCA 1993).

Reversed and remanded with directions.

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CONFESSION OF ERROR

PER CURIAM.

As the defendant properly concedes, a below guidelines departure sentence that lacks contemporaneous written reasons for departure must be remanded for resentencing within the guidelines. Jones v. State, 639 So.2d 28, 29 (Fla.1994); Pope v. State, 561 So.2d 554 (Fla.1990). On remand, however, the trial court must give the defendant the opportunity to withdraw his plea. State v. Gordon, 645 So.2d 140 (Fla. 3d DCA 1994), review denied, 652 So.2d 816 (Fla.1995); State v. Grononger, 615 So.2d 869 (Fla. 4th DCA 1993).

Reversed and remanded with directions.

State v. Sherrill, 678 So. 2d 7, 1996 Fla. App. LEXIS 8661, 1996 WL 464090 (Fla. Ct. App. 1996).

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Opinion

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