¶1The 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.
595 So. 2d 286
State v. Wagner
District Court of Appeal of Florida
Decided March 18, 1992
District Court of Appeal of Florida · decided 1992-03-18
Decided 1992-03-18