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State v. Devine

District Court of Appeal of Florida, Third District
Sep 5, 1989
547 So. 2d 1304 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2028.

September 5, 1989.

An Appeal from the Circuit Court for Dade County; Alfonso C. Sepe, Judge.

Robert A. Butterworth, Atty. Gen. and Debora J. Turner, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.


The appellee confesses error in the failure of the trial court to support the downward departure sentence by written reasons. See State v. Vickery, 536 So.2d 380 (Fla. 3d DCA 1989); State v. McDavid, 532 So.2d 1125 (Fla. 3d DCA 1988). Accordingly, the case is remanded with directions to supply those reasons, to permit the defendant to withdraw his nolo plea and go to trial, or to sentence him within the guidelines.


Summaries of

State v. Devine

District Court of Appeal of Florida, Third District
Sep 5, 1989
547 So. 2d 1304 (Fla. Dist. Ct. App. 1989)
Case details for

State v. Devine

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. MARVIN DEVINE, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 5, 1989

Citations

547 So. 2d 1304 (Fla. Dist. Ct. App. 1989)

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