Opinion
No. 87-828.
February 2, 1988. Rehearing Denied March 14, 1988.
An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.
Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender and William Castro, Sp. Asst. Public Defender, John H. Lipinski, for appellee.
Before HENDRY, BASKIN and FERGUSON, JJ.
On the controlling authority of State v. Davis, 464 So.2d 195 (Fla. 3d DCA 1985) (notwithstanding that the state, within the context of a plea offer, had agreed to a deviation below the guidelines, it was improper for the trial court to offer the defendant a lower sentence without a sufficient basis), we reverse the trial court's sentence which departs downward from the guidelines' recommended range.
On remand the trial court must impose a guideline sentence or permit the defendant to withdraw the plea.
Reversed and remanded.