STATE OF FLORIDA, APPELLANT,
v.
RICHARD GRONONGER, APPELLEE
STATE OF FLORIDA, APPELLANT,
RICHARD GRONONGER, APPELLEE
615 So. 2d 869
Florida District Court of Appeal, Fourth District (1993)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
The State contends that the trial court erred in entering a downward departure sentence because the trial court failed to find that Grononger was amenable to rehabilitation. We agree and reverse. Herrin v. State, 568 So. 2d 920 (Fla.1990). On remand, the trial court is instructed to permit Grononger to withdraw his plea. If Grononger does not elect to withdraw his plea, then the trial court is instructed to resentence him within the guidelines. State v. Cooper, 510 So. 2d 1252 (Fla. 4th DCA1987).
REVERSED AND REMANDED.
GUNTHER and STONE, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Silver, 723 So. 2d 381 (Fla. 4th DCA 1998)…n and based upon the'appel-lee’s plea to the court, appellee should be given the opportunity to withdraw his plea and go to trial, or if he chooses not to withdraw his plea, to be sentenced within the guidelines by the court. See State v. Grononger, 615 So. 2d 869, 869-70 (Fla. 4th DCA 1993). STONE, C.J., and GROSS, J., concur.…
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State v. Lemon, 664 So. 2d 1072 (Fla. 2d DCA 1995)…does not indicate that Lemon was under the influence at the time the offenses were committed, and the trial judge made no such finding. There was also no testimony indicating Lemon was amenable to rehabilitation. Herrin; Gordon; State v. Grononger, 615 So. 2d 869 (Fla. 4th DCA 1993). Therefore, we reverse appellant’s sentence and remand for resentencing within the guidelines. On remand, Lemon should be given the opportunity to withdraw his plea. PARKER and QUINCE, JJ., concur.…
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State v. Franquiz, 654 So. 2d 1068 (Fla. 3d DCA 1995)…he downward departure sentence is reversed, and the cause is remanded to allow the defendant an opportunity to withdraw his plea, or to be resentenced within the guidelines. See State v. Smith, 627 So. 2d 1345 (Fla. 3d DCA 1993); State v. Grononger, 615 So. 2d 869 (Fla. 4th DCA 1993). We certify to the Florida Supreme Court the same direct conflict certified in Zlockower. Reversed and remanded; question certified.…
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- Herrin v. State, 568 So. 2d 920 (Fla. 1990)
- State v. Cooper, 510 So. 2d 1252 (Fla. 4th DCA 1987)