STATE v. WAGNER

No. 91-1915.

595 So.2d 286 (1992)

STATE of Florida, Appellant, v. Roland J. WAGNER, Appellee.

District Court of Appeal of Florida, Fourth District.

March 18, 1992.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellant.

No appearance for appellee.


PER CURIAM.

The trial court erred in imposing sentence by departing downward from the sentencing guidelines without the state's concurrence and without written reasons. We reverse for resentencing within the guidelines. Because the plea was entered in reliance on the proposed departure sentence, however, the court shall first offer appellant the opportunity to withdraw his plea and reinstitute a plea of not guilty.

HERSEY, STONE and GARRETT...

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