Opinion
No. 94-00049.
July 12, 1994.
An Appeal from the Circuit Court of Dade County; Celeste Muir, Judge.
Robert A. Butterworth, Atty. Gen. and Paulette R. Taylor, Asst. Atty. Gen., for appellant.
Joseph S. Shook, Coral Gables, for appellee.
Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.
The trial court erred in failing to provide contemporaneous written reasons for imposing a downward departure sentence. Ree v. State, 565 So.2d 1329 (Fla. 1990), modified, State v. Lyles, 576 So.2d 706 (Fla. 1991), and receded from in part, Smith v. State, 598 So.2d 1063 (Fla. 1992). Accordingly, we reverse the defendant's sentence and remand to allow the defendant to withdraw his plea.