State v. Lewis

Full title: THE STATE OF FLORIDA, APPELLANT, v. EDDIE LEWIS, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 4, 1989

540 So. 2d 927 (Fla. Dist. Ct. App. 1989)

Opinion

Nos. 88-2153 to 88-2156, 88-2165, and 88-2178.

April 4, 1989.

Appeals from the Circuit Court for Dade County; Arthur Rothenberg, Judge.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Margaret S. Brodsky, Sp. Asst. Public Defender, for appellee.

Before FERGUSON, JORGENSON and LEVY, JJ.

PER CURIAM.

A trial court is not free to offer a plea bargain which is below the sentencing guidelines, over the State's objection, unless it provides clear and convincing reasons for the departure. State v. Johnson, 512 So.2d 1116 (Fla. 3d DCA 1987).

Reversed and remanded for further proceedings.