State v. Kelly

Full title: STATE OF FLORIDA, APPELLANT, v. SCOTT KELLY, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 17, 1989

542 So. 2d 1071 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2619.

May 17, 1989.

Appeal from the Circuit Court for Broward County; Arthur Franza, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

We reverse on the authority of State v. Richardson, 536 So.2d 1193 (Fla. 4th DCA 1989), and remand to provide the trial court the opportunity to provide written reasons for the departure here, or, absent same, to permit appellee to withdraw his plea.

DOWNEY, GLICKSTEIN and GUNTHER, JJ., concur.