State v. Simmons

District Court of Appeal of Florida

State v. Simmons

539 So. 2d 40, 14 Fla. L. Weekly 686, 1989 Fla. App. LEXIS 1286, 1989 WL 21489

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 1989

DocketNo. 88-2568

StatusPublished

Cited by1 cases

This text of 539 So. 2d 40 (State v. Simmons) 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.

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State v. Simmons, 539 So. 2d 40, 14 Fla. L. Weekly 686, 1989 Fla. App. LEXIS 1286, 1989 WL 21489 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The trial court failed to give written reasons for its downward departure from the sentencing guidelines. We reverse and remand to afford the trial court an opportunity to enter a written sentencing order which supports the departure. State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988). If, upon remand, the sentence exceeds the terms of the plea agreement, defendant shall be afforded the opportunity to with[41]*41draw his plea. State v. Johnson, 512 So.2d 1116 (Fla. 3d DCA 1987).

REVERSED AND REMANDED.

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PER CURIAM.

The trial court failed to give written reasons for its downward departure from the sentencing guidelines. We reverse and remand to afford the trial court an opportunity to enter a written sentencing order which supports the departure. State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988). If, upon remand, the sentence exceeds the terms of the plea agreement, defendant shall be afforded the opportunity to with[41]*41draw his plea. State v. Johnson, 512 So.2d 1116 (Fla. 3d DCA 1987).

REVERSED AND REMANDED.

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Bluebook (online)

539 So. 2d 40, 14 Fla. L. Weekly 686, 1989 Fla. App. LEXIS 1286, 1989 WL 21489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-simmons-fladistctapp-1989.

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