¶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.
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