State v. Young

District Court of Appeal of Florida

State v. Young

547 So. 2d 1063, 14 Fla. L. Weekly 2048, 1989 Fla. App. LEXIS 4795, 1989 WL 99209

CourtDistrict Court of Appeal of Florida

DecidedAugust 29, 1989

DocketNo. 88-2196

StatusPublished

This text of 547 So. 2d 1063 (State v. Young) 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. Young, 547 So. 2d 1063, 14 Fla. L. Weekly 2048, 1989 Fla. App. LEXIS 4795, 1989 WL 99209 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

Upon the defendant Thomas Anthony Young’s confession of error, the sentence under review by this appeal is reversed and the cause is remanded to the trial court with directions: (1) to enter written reasons for the downward departure from the sentencing guidelines imposed below, or (2) to sentence the defendant within the sentencing guidelines. See Burke v. State, 483 So.2d 404 (Fla.1985); State v. Jackson, 478 So.2d 1054 (Fla.1985), overruled on other grounds, Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987); State v. Alvarez, 538 So.2d 956 (Fla. 3d DCA 1989); State v. Williams, 535 So.2d 357 (Fla. 3d DCA 1988); State v. McDavid, 532 So.2d 1125 (Fla. 3d DCA 1988). In the event the latter alternative is chosen by the trial court upon remand, the defendant shall be afforded an opportunity to withdraw his nolo contendere plea because it was entered below in exchange for the appealed-from departure sentence. See State v. Thomas, 516 So.2d 1058, 1060 (Fla. 3d DCA 1987); State v. Johnson, 512 So.2d 1116, 1117 (Fla. 3d DCA 1987).

Reversed and remanded.

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PER CURIAM.

Upon the defendant Thomas Anthony Young’s confession of error, the sentence under review by this appeal is reversed and the cause is remanded to the trial court with directions: (1) to enter written reasons for the downward departure from the sentencing guidelines imposed below, or (2) to sentence the defendant within the sentencing guidelines. See Burke v. State, 483 So.2d 404 (Fla.1985); State v. Jackson, 478 So.2d 1054 (Fla.1985), overruled on other grounds, Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987); State v. Alvarez, 538 So.2d 956 (Fla. 3d DCA 1989); State v. Williams, 535 So.2d 357 (Fla. 3d DCA 1988); State v. McDavid, 532 So.2d 1125 (Fla. 3d DCA 1988). In the event the latter alternative is chosen by the trial court upon remand, the defendant shall be afforded an opportunity to withdraw his nolo contendere plea because it was entered below in exchange for the appealed-from departure sentence. See State v. Thomas, 516 So.2d 1058, 1060 (Fla. 3d DCA 1987); State v. Johnson, 512 So.2d 1116, 1117 (Fla. 3d DCA 1987).

Reversed and remanded.

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Bluebook (online)

547 So. 2d 1063, 14 Fla. L. Weekly 2048, 1989 Fla. App. LEXIS 4795, 1989 WL 99209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-young-fladistctapp-1989.

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