State v. Nelson

Based on the controlling authority of Jones v. State, 639 So.2d 28 (Fla.1994) and State v. Sherrill, 678 So.2d 7 (Fla. 3d DCA 1996), I join the majority opinion. I write separately only to express my concern over the apparent inequity of result in this case involving an arguably proper downward departure from the sentencing guidelines1 which is now no longer available to the defendant due only to the apparently “inadvertent error of an officer of the state, the trial judge.” State v. Pease, 669 So.2d 314, 314 (Fla. 1st DCA), rev. granted, 676 So.2d 1369 (Fla.1996)(Case no. 87671; no oral…