State v. Cruz

Full title: THE STATE OF FLORIDA, APPELLANT, v. NELSON CRUZ, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 17, 1994

635 So. 2d 1089 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-338.

May 17, 1994.

An Appeal from the Circuit Court for Dade County; Alan L. Postman, Judge.

Robert A. Butterworth, Atty. Gen., and Paulette R. Taylor, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Julie M. Levitt, Sp. Asst. Public Defender, for appellee.

Before BARKDULL, JORGENSON and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

Appellee correctly concedes that because the trial court did not provide contemporaneous written reasons for a downward departure sentence, the sentence must be vacated and this case remanded to the trial court. At that time, the trial court may resentence the appellee within the sentencing guidelines, or allow him to withdraw his plea. Smith v. State, 598 So.2d 1063 (Fla. 1992); State v. Molina, 600 So.2d 41 (Fla. 3d DCA 1992), appeal dismissed, 614 So.2d 503 (Fla. 1993).

Sentence vacated and remanded for further proceedings.