Opinion
No. 91-1915.
March 18, 1992.
Appeal from the Circuit Court, Broward County, J. Leonard Fleet, J.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellant.
No appearance for appellee.
The trial court erred in imposing sentence by departing downward from the sentencing guidelines without the state's concurrence and without written reasons. We reverse for resentencing within the guidelines. Because the plea was entered in reliance on the proposed departure sentence, however, the court shall first offer appellant the opportunity to withdraw his plea and reinstitute a plea of not guilty.
HERSEY, STONE and GARRETT, JJ., concur.