STATE v. SZEMPRUCH

No. 93-2097.

634 So.2d 818 (1994)

STATE of Florida, Appellant, v. Anthony SZEMPRUCH, Appellee.

District Court of Appeal of Florida, Fifth District.

April 8, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Daytona Beach, for appellant.

Donald E. Van Koughnet, Naples, for appellee.


DAUKSCH, Judge.

This is an appeal from a sentence. Appellant alleges and appellee agrees the court departed downwards from the sentencing guidelines without giving clear and convincing written reasons.

Both the appellant and appellee say that because appellee was induced to enter his plea of nolo contendere based upon assurances from the state, that this court "should reverse the sentence of the trial court, with directions to permit Defendant to withdraw...

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