Opinion
No. 97-2332
Opinion filed August 19, 1998 JULY TERM 1998
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Marc H. Gold, Judge; L.T. Case No. 91-23637CF10A.
Robert A. Butterworth, Attorney General, Tallahassee, and Terri León-Benner, Assistant Attorney General, Fort Lauderdale, for appellant.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellee.
The state appeals a downward departure sentence imposed without written reasons after a revocation of probation. Sentence was imposed on June 11, 1997, after the decision in Franquiz v. State, 682 So.2d 536 (Fla. 1996). The sentence was based on an open plea to the trial court, without any promise of a particular sentence. Pursuant to Franquiz, we remand to the trial court for resentencing within the guidelines.
FARMER, STEVENSON and GROSS, JJ., concur.