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672 So. 2d 659

Johnson v. State

District Court of Appeal of Florida · decided 1996-05-02

Decided 1996-05-02

PER CURIAM.

¶1In this direct criminal appeal, we affirm without discussion the trial court’s denial of appellant’s motion to withdraw his pleas. However, as appellant asserts, and the state concedes, the trial court, inadvertently, imposed sentences which constitute an upward departure of one-half month from the maximum permitted guidelines sentence. Appellant’s plea agreement called for a guidelines sentence. Accordingly, we affirm the convictions, but reverse the sentences, and remand with directions that the trial court sentence appellant within the guidelines.

¶2AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

ALLEN, WEBSTER and MICKLE, JJ., concur.
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