STATE OF FLORIDA, APPELLANT,
v.
CHRIS BIRKIGT, APPELLEE
PER CURIAM.
The state appeals from a downward departure sentence. Appellee, Birkigt, concedes that the trial court failed to give written reasons for its departure. Therefore, we reverse Birkigt’s sentence and remand for entry of a sentence within the guidelines range. State v. Davis, 579 So. 2d 375 (Fla. 4th DCA 1991). Neither the state nor Birkigt have briefed or presented argument on the issue of whether Birkigt should be allowed to withdraw his plea on remand; therefore, we do not address this issue. POLEN, J., OWEN, WILLIAM C., Jr., Senior Judge, and FEDER, RICHARD Y., Associate Judge, concur.
ORDERED that appellee’s petition filed July 20,1992, for rehearing for clarification is granted: Upon appellant’s concession, we clarify our opinion to add that upon re-sentencing, appellee’s correct guideline sentence range would be 3V2 to 4V2 years imprisonment.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Davis, 579 So. 2d 375 (Fla. 4th DCA 1991)
- State v. Brown, 579 So. 2d 375 (Fla. 4th DCA 1991)