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539 So. 2d 40

539 So.2d 40

14 Fla.L.Weekly 686

State v. Simmons

District Court of Appeal of Florida · decided 1989-03-14

Relies on State v. Wayda · 512 So. 2d 1116 - State v. Johnson

Decided 1989-03-14

PER CURIAM.

¶1The trial court failed to give written reasons for its downward departure from the sentencing guidelines. We reverse and remand to afford the trial court an opportunity to enter a written sentencing order which supports the departure. State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988). If, upon remand, the sentence exceeds the terms of the plea agreement, defendant shall be afforded the opportunity to with*41draw his plea. State v. Johnson, 512 So.2d 1116 (Fla. 3d DCA 1987).

¶2REVERSED AND REMANDED.

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