539 So. 2d 38

The STATE of Florida, Appellant, v. Charles OHLER, Appellee.

No. 88-2101.

District Court of Appeal of Florida, Third District.

March 14, 1989.

Robert A. Butterworth, Atty. Gen. and Joni Braunstein, Asst. Atty. Gen., for appellant.

*39Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellee.

Before JORGENSON, COPE and LEVY, JJ.

PER CURIAM.

The trial court failed to provide either oral or written reasons for its downward departure from the sentencing guidelines. We, therefore, reverse and remand this cause to the trial court to afford it an opportunity to enter a written order supporting the departure. See State v. Wayda, 533 So.2d 939 (Fla. 3d DCA 1988).

If, upon remand, the sentence entered by the trial court exceeds the sentence specified in the plea agreement, defendant shall be given the opportunity to withdraw his plea and be tried. See State v. McMullen, 529 So.2d 821 (Fla. 3d DCA 1988).

REVERSED AND REMANDED WITH DIRECTIONS.

State v. Ohler
539 So. 2d 38

Case Details

Name
State v. Ohler
Decision Date
Mar 14, 1989
Citations

539 So. 2d 38

Jurisdiction
Florida

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