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STATE v. BEKOWSKY

Nos. 93-1764, 93-1766.

629 So.2d 1076 (1994)

The STATE of Florida, Appellant, v. Gerald BEKOWSKY, Appellee.

District Court of Appeal of Florida, Third District.

January 11, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Daisy Y. Guell, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellee.

Before NESBITT, COPE and LEVY, JJ.

PER CURIAM.

As correctly conceded by the appellee, the court improperly sentenced the defendant below the proper guideline sentence in these cases. See State v. Fields, 602 So.2d 981 (Fla. 3d DCA 1992).

Accordingly, the downward departure sentence imposed in this case must be reversed and the cause remanded with the defendant being given the opportunity to withdraw his plea. This ruling does not preclude the possibility...

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