¶1CONFESSION OF ERROR
¶2Based on appellee Anthony Mobley’s confession of error filed in this cause, as well as our own independent review of the record, the sentence is reversed due to the trial court’s failure to justify the departure sentence with mitigating circumstances, pursuant to section 921.00265(2), Florida Statutes (1999), and the case is remanded to the trial court to allow appellee to withdraw his plea, or for re-sentencing within the guidelines.
¶3Reversed and remanded.