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State v. Torres

District Court of Appeal of Florida, Third District
Jul 19, 1988
528 So. 2d 133 (Fla. Dist. Ct. App. 1988)

Opinion

Nos. 87-3118 to 87-3120 and 87-3126.

July 19, 1988.

An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Robert A. Butterworth, Atty. Gen. and Debora J. Turner, Asst. Atty. Gen., for appellee.

Ernesto Medina, Miami, for appellant.

Before BARKDULL, BASKIN and FERGUSON, JJ.


The State of Florida appeals the trial court's downward departure from the sentencing guidelines in sentences imposed concurrently in four consolidated cases. We reverse.

The trial court failed to provide a contemporaneous written statement setting forth the reasons for the guidelines departure. State v. Oden, 478 So.2d 51 (Fla. 1985), appeal after remand, 502 So.2d 64 (Fla. 1st DCA 1987); State v. Williams, 515 So.2d 1051 (Fla. 3d DCA 1987); Ree v. State, 512 So.2d 1085 (Fla. 4th DCA 1987); Fla.R.Crim.P. 3.701(d)(11). Pursuant to State v. Thomas, 516 So.2d 1058 (Fla. 3d DCA 1987), the defendant should be given an opportunity to withdraw his plea.

Reversed.


Summaries of

State v. Torres

District Court of Appeal of Florida, Third District
Jul 19, 1988
528 So. 2d 133 (Fla. Dist. Ct. App. 1988)
Case details for

State v. Torres

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. HECTOR TORRES, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 19, 1988

Citations

528 So. 2d 133 (Fla. Dist. Ct. App. 1988)