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State v. Ohler

District Court of Appeal of Florida, Third District
Mar 14, 1989
539 So. 2d 38 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2101.

March 14, 1989.

An Appeal from the Circuit Court for Dade County; Allen Kornblum, Judge.

Robert A. Butterworth, Atty. Gen. and Joni Braunstein, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before JORGENSON, COPE and LEVY, JJ.


The trial court failed to provide either oral or written reasons for its downward departure from the sentencing guidelines. We, therefore, reverse and remand this cause to the trial court to afford it an opportunity to enter a written order supporting the departure. See State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988).

If, upon remand, the sentence entered by the trial court exceeds the sentence specified in the plea agreement, defendant shall be given the opportunity to withdraw his plea and be tried. See State v. McMullen, 529 So.2d 821 (Fla. 3d DCA 1988).

REVERSED AND REMANDED WITH DIRECTIONS.


Summaries of

State v. Ohler

District Court of Appeal of Florida, Third District
Mar 14, 1989
539 So. 2d 38 (Fla. Dist. Ct. App. 1989)
Case details for

State v. Ohler

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. CHARLES OHLER, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 14, 1989

Citations

539 So. 2d 38 (Fla. Dist. Ct. App. 1989)

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