Gonzalez v. Shapiro

Full title: JORGE GONZALEZ, APPELLANT, v. THE HONORABLE SIDNEY B. SHAPIRO, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 19, 1991

574 So. 2d 1193 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2874.

February 12, 1991. Rehearing Denied March 19, 1991.

A Writ of Certiorari to the Circuit Court for Dade County; Sidney B. Shapiro, Judge.

Haber Roth, and Martin L. Roth, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.

Before HUBBART, BASKIN and LEVY, JJ.

PER CURIAM.

We treat the petition for prohibition/mandamus as a petition for writ of certiorari. Berry v. State, 547 So.2d 1273 (Fla. 1st DCA 1989). The sentence was properly set aside; it was a downward departure, below the statutory minimum mandatory sentence. We therefore remand with instructions to the trial court to permit defendant Gonzalez to withdraw his plea and proceed to trial. State v. Baez-Acuna, 559 So.2d 1298 (Fla. 3d DCA 1990).

Certiorari granted.