Gonzalez v. Shapiro, 574 So. 2d 1193

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 remand 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.

Case Details

Case Name: Gonzalez v. Shapiro

Court Name: District Court of Appeal of Florida

Date Published: Feb 12, 1991

Citations: 574 So. 2d 1193; 1991 Fla. App. LEXIS 981; 1991 WL 15593; No. 90-2874

Docket Number: No. 90-2874

Court Abbreviation: Fla. Dist. Ct. App.