Legal Opinion

State v. Devine

District Court of Appeal of Florida

Decided September 5, 1989No. 88-2028PublishedCited by 1 opinion

1Per curiam

The appellee confesses error in the failure of the trial court to support the downward departure sentence by written reasons. See State v. Vickery, 536 So.2d 380 (Fla. 3d DCA 1989); State v. McDavid, 532 So.2d 1125 (Fla. 3d DCA 1988). Accordingly, the case is remanded with directions to supply those reasons, to permit the defendant to withdraw his nolo plea and go to trial, or to sentence him within the guidelines.

2Cases cited2 opinions

  1. State v. McDavidDistrict Court of Appeal of Florida · 1988
  2. State v. VickeryDistrict Court of Appeal of Florida · 1989

3Cited by1 opinion

  1. State v. ArnoldDistrict Court of Appeal of Florida · 1989