Legal Opinion

State v. Beason

District Court of Appeal of Florida

Decided August 9, 1988No. 87-2265Published

1Per curiam

Because there is no evidence in the record to support the reasons given by the trial court for the departure sentence, the case must be remanded. State v. Smith, 507 So.2d 1209 (Fla. 4th DCA 1987); Tanner v. State, 468 So.2d 505 (Fla. 2d DCA 1985); Wyman v. State, 459 So.2d 1118 (Fla. 1st DCA 1984).

*794On remand the defendant may withdraw the guilty plea which was conditioned on the invalid sentence. State v. Castanedo, 523 So.2d 1253 (Fla. 3d DCA 1988).

Reversed and remanded.

2Cases cited4 opinions

  1. State v. CastanedoDistrict Court of Appeal of Florida · 1988
  2. Tanner v. StateDistrict Court of Appeal of Florida · 1985
  3. Wyman v. StateDistrict Court of Appeal of Florida · 1984
  4. State v. SmithDistrict Court of Appeal of Florida · 1987