State v. Wagner, 595 So. 2d 286

PER CURIAM.

The trial court erred in imposing sentence by departing downward from the sentencing guidelines without the state’s concurrence and without written reasons. We reverse for resentencing within the guidelines. Because the plea was entered in reliance on the proposed departure sentence, however, the court shall first offer appellant the opportunity to withdraw his plea and reinstitute a plea of not guilty.

HERSEY, STONE and GARRETT, JJ., concur.

Case Details

Case Name: State v. Wagner

Court Name: District Court of Appeal of Florida

Date Published: Mar 18, 1992

Citations: 595 So. 2d 286; 1992 WL 48723; 1992 Fla. App. LEXIS 3227; No. 91-1915

Docket Number: No. 91-1915

Court Abbreviation: Fla. Dist. Ct. App.