State v. Ohler, 539 So. 2d 38

PER CURIAM.

The trial court failed to provide either oral or written reasons for its downward departure from the sentencing guidelines. We, therefore, reverse and remand this cause to the trial court to afford it an opportunity to enter a written order supporting the departure. See State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988).

If, upon remand, the sentence entered by the trial court exceeds the sentence specified in the plea agreement, defendant shall be given the opportunity to withdraw his plea and be tried. See State v. McMullen, 529 So.2d 821 (Fla. 3d DCA 1988).

REVERSED AND REMANDED WITH DIRECTIONS.

Case Details

Case Name: State v. Ohler

Court Name: District Court of Appeal of Florida

Date Published: Mar 14, 1989

Citations: 539 So. 2d 38; 14 Fla. L. Weekly 684; 1989 WL 21480; 1989 Fla. App. LEXIS 1304; No. 88-2101

Docket Number: No. 88-2101

Court Abbreviation: Fla. Dist. Ct. App.