JORGE GONZALEZ, APPELLANT,
v.
THE HONORABLE SIDNEY B. SHAPIRO, APPELLEE
JORGE GONZALEZ, APPELLANT,
THE HONORABLE SIDNEY B. SHAPIRO, APPELLEE
574 So. 2d 1193
Florida District Court of Appeal, Third District (1991)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We treat the petition for prohibition/mandamus as a petition for writ of certiorari. Berry v. State, 547 So. 2d 1273 (Fla. 1st DCA 1989). The sentence was properly set aside; it was a downward departure, below the statutory minimum mandatory sentence. We therefore re mand with instructions to the trial court to permit defendant Gonzalez to withdraw his plea and proceed to trial. State v. Baez-Acuna, 559 So. 2d 1298 (Fla. 3d DCA 1990).
Certiorari granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalez v. State, 596 So. 2d 711 (Fla. 3d DCA 1992)…ith directions. . As it developed, the assistant state attorney had simply mistakenly translated Gonzalez’s point total into the wrong, lower range. . This court’s denial of Gonzalez’s application for review of this order, see Gonzalez v. Shapiro, 574 So. 2d 1193 (Fla. 3d DCA 1991), has nothing to do with the issue now before us, which is the permissibility of the subsequent resentencing to a greater term than that originally imposed.…
Authorities Cited
- Berry v. State, 547 So. 2d 1273 (Fla. 1st DCA 1989)
- Spencer v. State, 559 So. 2d 1298 (Fla. 3d DCA 1990)
- Chang v. State, 559 So. 2d 1298 (Fla. 3d DCA 1990)