STATE v. PRICE

No. 91-2594.

605 So.2d 1019 (1992)

STATE of Florida, Appellant, v. Rashad PRICE, Appellee.

District Court of Appeal of Florida, Fifth District.

October 16, 1992.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee.


COWART, Judge.

On this appeal by the State we vacate the defendant's sentence on his grand theft conviction because the sentence departs downward from the sentencing guidelines recommended and permitted ranges. The trial judge's written reason for departure was his understanding that the State had agreed to the downward departure sentence. However, the record does not show that the State agreed to the sentence imposed and further shows that the prosecutor's sentencing...

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