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PENNINGTON v. STATE

No. 93-2898.

641 So.2d 187 (1994)

Michael PENNINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 19, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The sentence in this case is violative of the dictates of Thompson v. State, 638 So.2d 116 (Fla. 5th DCA June 3, 1994) and must be vacated. Upon remand appellant must be given the option to withdraw his guilty plea should the court intend to depart from the sentencing guidelines. Finally, it is apparent the court's written community control order is different from the judge's oral pronouncements.

SENTENCE...

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