Opinion
No. 93-2898.
August 19, 1994.
Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.
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.
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 VACATED; REMANDED.
HARRIS, C.J., and DAUKSCH and COBB, JJ., concur.