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STATE v. KING

No. 98-0323.

723 So.2d 932 (1999)

STATE of Florida, Appellant, v. Roosevelt KING, Appellee.

District Court of Appeal of Florida, Fourth District.

January 20, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

We reverse the subject sentence as being a downward departure without timely filed written reasons. Because a trial court does not have authority under rule 3.701 to substitute probation for a prison sentence when the guidelines sentence does not provide for probation as an alternative to incarceration, on remand defendant shall be given the opportunity to withdraw his plea.

GUNTHER, FARMER and HAZOURI...

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