State v. Richardson

Full title: THE STATE OF FLORIDA, APPELLANT, v. TRACY RICHARDSON, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 29, 1990

561 So. 2d 474 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2889.

May 29, 1990.

An Appeal from the Circuit Court of Dade County; Roy T. Gelber, Judge.

Robert A. Butterworth, Atty. Gen., and Monique T. Befeler, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellee.

Before NESBITT, LEVY and GODERICH, JJ.

PER CURIAM.

Because the trial court made no written findings supporting the downward departure sentence under review, the sentence must be reversed and the case remanded for the defendant to either be re-sentenced within the guidelines, Pope v. State, 561 So.2d 554 (Fla. 1990), or to be allowed to withdraw his plea and proceed to trial.