State v. Nelson

District Court of Appeal of Florida

Decided May 14, 1997

District Court of Appeal of Florida · decided 1997-05-14

Cited by 1 later decisions — most recently May 1998

1 state decisions

Relies on 661 So. 2d 288 - Gibson v. State · 670 So. 2d 191 - Salazar v. Marrero

Good law ✅— No negative treatment on recordhow we know

Decided 1997-05-14

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¶1CONFESSION OF ERROR

PER CURIAM.

¶2The State appeals a downward departure sentence. We reverse.

¶3Defendant eommendably acknowledges that the court erred in imposing a downward departure sentence in the absence of written reasons justifying the departure. See Gibson v. State, 661 So.2d 288 (Fla.1995); State v. Hedge, 670 So.2d 191 (Fla. 3d DCA 1996). Thus, we vacate the downward departure sentence and remand to allow defendant to withdraw his plea and proceed to trial or be resenteneed within the guidelines.

¶4Sentence vacated; cause remanded.