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Gonzalez v. Shapiro
574 So. 2d 1193
Fla. Dist. Ct. App.
1991
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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*1194mand 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
Citation: 574 So. 2d 1193
Docket Number: No. 90-2874
Court Abbreviation: Fla. Dist. Ct. App.
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