THE STATE OF FLORIDA, APPELLANT,
v.
GERALD BEKOWSKY, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
GERALD BEKOWSKY, APPELLEE
629 So. 2d 1076
Florida District Court of Appeal, Third District (1994)
Opinion of the Court
PER CURIAM.
As correctly conceded by the appellee, the court improperly sentenced the defendant below the proper guideline sentence in these eases. See State v. Fields, 602 So. 2d 981 (Fla. 3d DCA 1992).
Accordingly, the downward departure sentence imposed in this case must be reversed and the cause remanded with the defendant being given the opportunity to withdraw his plea. This ruling does not preclude the possibility of a reimposition of a downward departure sentence if the test set forth by Herrin v. State, 568 So. 2d 920 (Fla.1990) is satisfied.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Herrin v. State, 568 So. 2d 920 (Fla. 1990)
- State v. Fields, 602 So. 2d 981 (Fla. 3d DCA 1992)