State v. Albelo

Full title: THE STATE OF FLORIDA, APPELLANT, v. RODOLFO ALBELO, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 18, 1989

541 So. 2d 778 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-3023.

April 18, 1989.

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

Robert A. Butterworth, Atty. Gen. and Giselle D. Lylen, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

PER CURIAM.

As the appellee agrees, the downward sentence imposed below is vacated and the cause remanded for the trial court to provide written reasons in support of the departure. State v. Alvarez, 538 So.2d 956 (Fla. 3d DCA 1989); Padgett v. State, 534 So.2d 1246 (Fla. 3d DCA 1988); State v. Adams, 528 So.2d 548 (Fla. 3d DCA 1988).