Opinion
No. 91-2149.
July 15, 1992. On Rehearing October 13, 1992.
Appeal from the Circuit Court for Broward County; J. Leonard Fleet, Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellant.
Fred Haddad, Fort Lauderdale, for appellee.
The state appeals from a downward departure sentence. Appellee, Birkigt, concedes that the trial court failed to give written reasons for its departure. Therefore, we reverse Birkigt's sentence and remand for entry of a sentence within the guidelines range. State v. Davis, 579 So.2d 375 (Fla. 4th DCA 1991). Neither the state nor Birkigt have briefed or presented argument on the issue of whether Birkigt should be allowed to withdraw his plea on remand; therefore, we do not address this issue.
POLEN, J., OWEN, WILLIAM C., Jr., Senior Judge, and FEDER, RICHARD Y., Associate Judge, concur.
ON REHEARING
ORDERED that appellee's petition filed July 20, 1992, for rehearing for clarification is granted: Upon appellant's concession, we clarify our opinion to add that upon resentencing, appellee's correct guideline sentence range would be 3 1/2 to 4 1/2 years imprisonment.