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GONZALEZ v. SHAPIRO

No. 90-2874.

574 So.2d 1193 (1991)

Jorge GONZALEZ, Appellant, v. The Honorable Sidney B. SHAPIRO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 19, 1991.

Attorney(s) appearing for the Case

Haber & Roth, and Martin L. Roth, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and LEVY, JJ.

PER CURIAM.

We treat the petition for prohibition/mandamus as a petition for writ of certiorari. Berry v. State, 547 So.2d 1273 (Fla. 1st DCA 1989). The sentence was properly set aside; it was a downward departure, below the statutory minimum mandatory sentence. We therefore remand with instructions to the trial court to permit defendant Gonzalez to withdraw his plea and proceed...

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