From Casetext: Smarter Legal Research

State v. Mathews

District Court of Appeal of Florida, Third District
Mar 14, 1988
520 So. 2d 62 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-828.

February 2, 1988. Rehearing Denied March 14, 1988.

An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and William Castro, Sp. Asst. Public Defender, John H. Lipinski, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.


On the controlling authority of State v. Davis, 464 So.2d 195 (Fla. 3d DCA 1985) (notwithstanding that the state, within the context of a plea offer, had agreed to a deviation below the guidelines, it was improper for the trial court to offer the defendant a lower sentence without a sufficient basis), we reverse the trial court's sentence which departs downward from the guidelines' recommended range.

On remand the trial court must impose a guideline sentence or permit the defendant to withdraw the plea.

Reversed and remanded.


Summaries of

State v. Mathews

District Court of Appeal of Florida, Third District
Mar 14, 1988
520 So. 2d 62 (Fla. Dist. Ct. App. 1988)
Case details for

State v. Mathews

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. DAVID MATHEWS, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 14, 1988

Citations

520 So. 2d 62 (Fla. Dist. Ct. App. 1988)

Citing Cases

State v. Nichols

Accordingly, the sentence is vacated with directions to afford the defendant the opportunity to withdraw his…