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Smith v. State

District Court of Appeal of Florida, Third District
Feb 20, 1991
573 So. 2d 863 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-2816.

October 23, 1990. Rehearing Denied February 20, 1991.

An Appeal from the Circuit Court for Dade County; Jeffrey Rosinek, Judge.

Bennett H. Brummer, Public Defender, and Robert Burke, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Jacqueline M. Valdespino, Asst. Atty. Gen., for appellee.

Before NESBITT, JORGENSON and COPE, JJ.


Upon the State's proper confession of error, we reverse the sentence imposed and remand for resentencing. § 948.03(8), Fla. Stat. (1989). Upon remand, should the trial court depart from the sentencing guidelines, it must provide written reasons for its departure. See Roberts v. State, 547 So.2d 129, 131 (Fla. 1989).

Reversed and remanded with directions.


Summaries of

Smith v. State

District Court of Appeal of Florida, Third District
Feb 20, 1991
573 So. 2d 863 (Fla. Dist. Ct. App. 1991)
Case details for

Smith v. State

Case Details

Full title:ROBERT JAY SMITH, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 20, 1991

Citations

573 So. 2d 863 (Fla. Dist. Ct. App. 1991)