Gonzalez v. Shapiro

574 So. 2d 1193 | Fla. Dist. Ct. App. | 1991

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.