No. 96-510 | Fla. Dist. Ct. App. | Aug 14, 1996
CONFESSION OF ERROR
As the defendant properly concedes, a below guidelines departure sentence that lacks contemporaneous written reasons for departure must be remanded for resentencing within the guidelines. Jones v. State, 639 So. 2d 28" date_filed="1994-07-07" court="Fla." case_name="Jones v. State">639 So.2d 28, 29 (Fla.1994); Pope v. State, 561 So. 2d 554" date_filed="1990-04-26" court="Fla." case_name="Pope v. State">561 So.2d 554 (Fla.1990). On remand, however, the trial court must give the defendant the opportunity to withdraw his plea. State v. Gordon, 645 So. 2d 140" date_filed="1994-11-16" court="Fla. Dist. Ct. App." case_name="State v. Gordon">645 So.2d 140 (Fla. 3d DCA 1994), review denied, 652 So.2d 816 (Fla.1995); State v. Grononger, 615 So. 2d 869" date_filed="1993-03-24" court="Fla. Dist. Ct. App." case_name="State v. Grononger">615 So.2d 869 (Fla. 4th DCA 1993).
Reversed and remanded with directions.