THE STATE OF FLORIDA, APPELLANT,

v.

HENRY FRANQUIZ, APPELLEE

Fla. 3d DCA | 1995-05-24

Nos. 94-1301, 94-1545

Before NESBITT, GERSTEN and GODERICH, JJ.

654 So. 2d 1068 Florida District Court of Appeal, Third District (1995) Positive Treatment

Cited by 8 cases

Opinion of the Court

PER CURIAM.

We reverse on the authority of State v. Zlockower, 650 So. 2d 692 (Fla. 3d DCA 1995), because the trial court did not provide contemporaneous written reasons for entering a downward departure at the time of modification of probation. Accordingly, the 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Franquiz v. State, 682 So. 2d 536 (Fla. 1996)

…WELLS, Justice. We granted review of State v. Franquiz, 654 So. 2d 1068 (Fla. 3d DCA 1995), and State v. Delgadillo, 659 So. 2d 1264 (Fla. 3d DCA 1995), and consolidated those cases, which the Third District Court of Appeal certified to be in conflict with Schiffer v. State, 617 So. 2d 357 (Fla. 4th DCA 1993), State v.…
State v. Delgadillo, 659 So. 2d 1264 (Fla. 3d DCA 1995)

…ant to withdraw his plea and go to [*1265] trial, or to be resentenced within the guidelines. See State v. Grononger, 615 So. 2d 869 (Fla. 3d DCA 1993). We certify to the Florida Supreme Court the same direct conflict certified in State v. Franquiz, 654 So. 2d 1068 (Fla 3d DCA 1995)…
State v. Brown, 675 So. 2d 991 (Fla. 1st DCA 1996)

…n, 634 So. 2d 291 (Fla. 1st DCA 1994). The Second and Third District Courts of Appeal appear to be in accord. State v. Delgadillo, 659 So. 2d 1264 (Fla. 3d DCA 1995), review granted, No. 86,558, 668 So. 2d 603 (Fla. Feb. 1, 1996); State v. Franquiz, 654 So. 2d 1068 (Fla. 3d DCA 1995), review granted, No. 85,960, 668 So. 2d 603 (Fla. Feb. 1, 1996); State v. Zlockower, 650 So. 2d 692 (Fla. 3d DCA), review dismissed, 659 So. 2d 1091 (Fla.1995); State v. McMahon, 605 So. 2d 544 (Fla. 2d DCA 1992). Appellee urges…

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Authorities Cited

State v. Grononger, 615 So. 2d 869 (Fla. 4th DCA 1993)
State v. Zlockower, 650 So. 2d 692 (Fla. 3d DCA 1995)
Williams v. State, 627 So. 2d 1345 (Fla. 3d DCA 1993)

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