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State v. Jones

District Court of Appeal of Florida, Second District
May 24, 1991
579 So. 2d 884 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-01305.

May 24, 1991.

Appeal from the Circuit Court for Pinellas County, Ray E. Ulmer, Jr., J.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellee.


We reverse the defendant's sentence because the trial court failed to provide written reasons for the downward departure. Although generally, no written reasons are required for a departure based upon a negotiated plea agreement, see Smith v. State, 529 So.2d 1106 (Fla. 1988); Long v. State, 540 So.2d 903 (Fla.2d DCA 1989), the state was not a party to the plea agreement between the court and the defendant in this case. Upon remand, the trial court shall give the defendant the opportunity to withdraw his plea. See Stranigan v. State, 457 So.2d 546 (Fla. 2d DCA 1984). If the defendant does not elect to withdraw his plea, then the trial court shall sentence him within the guidelines. See State v. Cook, 571 So.2d 22 (Fla. 2d DCA 1990).

DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.


Summaries of

State v. Jones

District Court of Appeal of Florida, Second District
May 24, 1991
579 So. 2d 884 (Fla. Dist. Ct. App. 1991)
Case details for

State v. Jones

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. WALTER E. JONES, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 24, 1991

Citations

579 So. 2d 884 (Fla. Dist. Ct. App. 1991)

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