State v. Smith, 627 So. 2d 1345

PER CURIAM.

As correctly noted by the appellee, this case, in which the court improperly sentenced the defendant below the proper guideline sentence, is governed by State v. Fields, 602 So.2d 981 (Fla. 3d DCA 1992).

Accordingly, the downward departure sentence imposed in this case must be reversed and the cause remanded with the defendant being given the opportunity to withdraw his plea. This ruling does not preclude the possibility of a reimposition of a downward departure sentence if the test set forth by Herrin v. State, 568 So.2d 920 (Fla.1990) is satisfied.

Reversed and remanded.

Case Details

Case Name: State v. Smith

Court Name: District Court of Appeal of Florida

Date Published: Dec 28, 1993

Citations: 627 So. 2d 1345; 1993 Fla. App. LEXIS 12686; 1993 WL 536037; No. 93-1165

Docket Number: No. 93-1165

Court Abbreviation: Fla. Dist. Ct. App.