Opinion
No. 87-2265.
August 9, 1988.
An Appeal from the Circuit Court for Dade County; Thomas M. Carney, Judge.
Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellee.
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
Because there is no evidence in the record to support the reasons given by the trial court for the departure sentence, the case must be remanded. State v. Smith, 507 So.2d 1209 (Fla. 4th DCA 1987); Tanner v. State, 468 So.2d 505 (Fla. 2d DCA 1985); Wyman v. State, 459 So.2d 1118 (Fla. 1st DCA 1984).
On remand the defendant may withdraw the guilty plea which was conditioned on the invalid sentence. State v. Castanedo, 523 So.2d 1253 (Fla. 3d DCA 1988).
Reversed and remanded.