Opinion
No. 88-2028.
September 5, 1989.
An Appeal from the Circuit Court for Dade County; Alfonso C. Sepe, Judge.
Robert A. Butterworth, Atty. Gen. and Debora J. Turner, Asst. Atty. Gen., for appellant.
Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellee.
Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.
The appellee confesses error in the failure of the trial court to support the downward departure sentence by written reasons. See State v. Vickery, 536 So.2d 380 (Fla. 3d DCA 1989); State v. McDavid, 532 So.2d 1125 (Fla. 3d DCA 1988). Accordingly, the case is remanded with directions to supply those reasons, to permit the defendant to withdraw his nolo plea and go to trial, or to sentence him within the guidelines.