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476 So. 2d 771

476 So.2d 771

10 Fla.L.Weekly 2349

State v. Walden

District Court of Appeal of Florida

Decided October 15, 1985

District Court of Appeal of Florida · decided 1985-10-15

Cited by 2 later decisions — most recently June 1993

2 state decisions

Relies on 452 So. 2d 955 - Addison v. State · 463 So. 2d 493 - State v. Twelves · 464 So. 2d 195 - State v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-15

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PER CURIAM.

¶1The state complains that the record is insufficient to support the trial judge’s departure from the sentencing guidelines mitigating the defendant’s sentences. We agree. Therefore, the order appealed is reversed and remanded with directions to vacate the sentences previously imposed and permit the defendant to withdraw his plea if he so chooses. See State v. Davis, 464 So.2d 195 (Fla. 3d DCA 1985). In the event the defendant does not choose to withdraw his plea, the trial court shall conduct a further sentencing hearing, after which the trial judge shall enter such sentences as he deems appropriate. See State v. Twelves, 463 So.2d 493 (Fla. 2d DCA 1985); Addison v. State, 452 So.2d 955 (Fla. 2d DCA 1984); Rule 3.701(d)(11) Florida Rules of Criminal Procedure (1984).

¶2Reversed and remanded with directions.

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