STATE v. McCULLOCH

No. 90-1941.

573 So.2d 395 (1991)

STATE of Florida, Appellant, v. Mark McCULLOCH, Appellee.

District Court of Appeal of Florida, Fifth District.

January 17, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and David S. Morgan, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellee.


PER CURIAM.

Pursuant to a plea agreement which was accepted by the trial judge, defendant pled guilty to sexual battery, false imprisonment and battery in exchange for a sentence of 4 1/2 years' imprisonment followed by 10 years' probation. A different judge presided at sentencing. The sentencing judge disregarded the agreement and entered a sentence constituting a downward departure from the presumptive guidelines sentence. Defendant concedes that remand is required...

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