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629 So. 2d 1076

State v. Bekowsky

District Court of Appeal of Florida

Decided January 11, 1994

District Court of Appeal of Florida · decided 1994-01-11

Relies on Herrin v. State · State v. Fields

Decided 1994-01-11

PER CURIAM.

¶1As correctly conceded by the appellee, the court improperly sentenced the defendant below the proper guideline sentence in these eases. See 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 possibility 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.

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