Public-domain · open source
OpenJurist

627 So. 2d 1345

State v. Smith

District Court of Appeal of Florida

Decided December 28, 1993

District Court of Appeal of Florida · decided 1993-12-28

Cited by 2 later decisions — most recently March 1996

2 state decisions

Relies on Herrin v. State · State v. Fields

Good law ✅— No negative treatment on recordhow we know

Decided 1993-12-28

View the full empirical analysis of this case →

PER CURIAM.

¶1As 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).

¶2Accordingly, 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 pos*1346sibility 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.

¶3Reversed and remanded.

/627/so2d/1345 · .json · Public domain