State v. Wagner

District Court of Appeal of Florida

State v. Wagner

595 So. 2d 286, 1992 Fla. App. LEXIS 3227, 1992 WL 48723

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 1992

DocketNo. 91-1915

StatusPublished

Cited by1 cases

This text of 595 So. 2d 286 (State v. Wagner) 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. Wagner, 595 So. 2d 286, 1992 Fla. App. LEXIS 3227, 1992 WL 48723 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

The trial court erred in imposing sentence by departing downward from the sentencing guidelines without the state’s concurrence and without written reasons. We reverse for resentencing within the guidelines. Because the plea was entered in reliance on the proposed departure sentence, however, the court shall first offer appellant the opportunity to withdraw his plea and reinstitute a plea of not guilty.

HERSEY, STONE and GARRETT, JJ., concur.

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PER CURIAM.

The trial court erred in imposing sentence by departing downward from the sentencing guidelines without the state’s concurrence and without written reasons. We reverse for resentencing within the guidelines. Because the plea was entered in reliance on the proposed departure sentence, however, the court shall first offer appellant the opportunity to withdraw his plea and reinstitute a plea of not guilty.

HERSEY, STONE and GARRETT, JJ., concur.

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Bluebook (online)

595 So. 2d 286, 1992 Fla. App. LEXIS 3227, 1992 WL 48723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wagner-fladistctapp-1992.

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