THE STATE OF FLORIDA, APPELLANT,
v.
DAVID MATHEWS, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
DAVID MATHEWS, APPELLEE
520 So. 2d 62
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
On the controlling authority of State v. Davis, 464 So. 2d 195 (Fla. 3d DCA 1985) (notwithstanding that the state, within the context of a plea offer, had agreed to a deviation below the guidelines, it was improper for the trial court to offer the defendant a lower sentence without a sufficient basis), we reverse the trial court’s sentence which departs downward from the guidelines’ recommended range.
On remand the trial court must impose a guideline sentence or permit the defendant to withdraw the plea.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Nichols, 536 So. 2d 1052 (Fla. 4th DCA 1988)…sed by the court are not viable, upon remand the defendant shall be given the opportunity to withdraw his plea. Accordingly, the sentence is vacated with directions to afford the defendant the opportunity to withdraw his plea. See State v. Mathews, 520 So. 2d 62 (Fla. 3d DCA 1988); State v. Hopkins, 520 So. 2d 301 (Fla. 3d DCA 1988). If he does not, he shall be sentenced in accordance with the guidelines. REVERSED AND REMANDED. ANSTEAD, J., concurs. GLICKSTEIN, J., concurs specially with opinion.…
Authorities Cited
- State v. Davis, 464 So. 2d 195 (Fla. 3d DCA 1985)