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678 So. 2d 7

State v. Sherrill

District Court of Appeal of Florida

Decided August 14, 1996

District Court of Appeal of Florida · decided 1996-08-14

Cited by 1 later decisions — most recently February 2007

1 state decisions

Relies on 561 So. 2d 554 - Pope v. State · 652 So. 2d 815 - Salgat v. State · State v. Gordon

Good law ✅— No negative treatment on recordhow we know

Decided 1996-08-14

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¶1CONFESSION OF ERROR

PER CURIAM.

¶2As the defendant properly concedes, a below guidelines departure sentence that lacks contemporaneous written reasons for departure must be remanded for resentencing within the guidelines. Jones v. State, 639 So.2d 28, 29 (Fla.1994); Pope v. State, 561 So.2d 554 (Fla.1990). On remand, however, the trial court must give the defendant the opportunity to withdraw his plea. State v. Gordon, 645 So.2d 140 (Fla. 3d DCA 1994), review denied, 652 So.2d 816 (Fla.1995); State v. Grononger, 615 So.2d 869 (Fla. 4th DCA 1993).

¶3Reversed and remanded with directions.

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