Opinion
No. 98-1354
Opinion filed March 24, 1999. JANUARY TERM, A.D. 1999
An appeal from the Circuit Court of Dade County, Manuel A. Crespo, Judge; L.T. No. 94-31394.
Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellant.
Clayton R. Kaeiser, for appellee.
Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.
Although we understand the trial court's intentions in imposing a downward departure sentence, the State's position is correct and the downward departure is not legally sustainable. As a consequence, we reverse the trial court's order and remand for resentencing within the sentencing guidelines. See State v. Whiting, 711 So.2d 1212 (Fla. 2d DCA 1998).
Reversed and remanded for resentencing.