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723 So. 2d 932

State v. King

District Court of Appeal of Florida

Decided January 20, 1999

District Court of Appeal of Florida · decided 1999-01-20

Decided 1999-01-20

PER CURIAM.

¶1We reverse the subject sentence as being a downward departure without timely filed written reasons. Because a trial court does not have authority under rule 3.701 to substitute probation for a prison sentence when the *933guidelines sentence does not provide for probation as an alternative to incarceration, on remand defendant shall be given the opportunity to withdraw his plea.

GUNTHER, FARMER and HAZOURI, JJ., concur.
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