State v. Mathews, 520 So. 2d 62

State v. Mathews

520 So. 2d 62

Fla. Dist. Ct. App.

1988

Check Treatment

PER CURIAM.

On the controlling authority of State v. Davis, 464 So.2d 195 (Fla. 3d DCA 1985) (notwithstanding that the state, within the context of a plea offer, had agreed to a deviation below the guidelines, it was improper for the trial court to offer the defendant a lower sentence without a sufficient basis), we reverse the trial court’s sentence which departs downward from the guidelines’ recommended range.

On remand the trial court must impose a guideline sentence or permit the defendant to withdraw the plea.

Reversed and remanded.