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GRAY v. STATE

No. 93-3079.

645 So.2d 550 (1994)

George GRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 16, 1994.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and David McPherrin, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The parties agree that sentencing was imposed in this case based upon a mutually mistaken view of the applicable law. Appellant suggests that our remand be accompanied by instructions that a sentence within the guidelines must be imposed. The state argues that the rationale of such cases as Chaplin v. State, 473 So.2d 842 (Fla. 1st DCA 1985), dec. approved, 490 So.2d 52

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