State v. Grononger
| Decision Date | 24 March 1993 |
| Docket Number | No. 92-0297,92-0297 |
| Citation | 615 So.2d 869 |
| Parties | 18 Fla. L. Week. D801 STATE of Florida, Appellant, v. Richard GRONONGER, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Smith, Asst. Atty. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellee.
The State contends that the trial court erred in entering a downward departure sentence because the trial court failed to find that Grononger was amenable to rehabilitation. We agree and reverse. Herrin v. State, 568 So.2d 920 (Fla.1990). On remand, the trial court is instructed to permit Grononger to withdraw his plea. If Grononger does not elect to withdraw his plea, then the trial court is instructed to resentence him within the guidelines. State v. Cooper, 510 So.2d 1252 (Fla. 4th DCA1987).
REVERSED AND REMANDED.
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...go to trial, or if he chooses not to withdraw his plea, to be sentenced within the guidelines by the court. See State v. Grononger, 615 So.2d 869, 869-70 (Fla. 4th DCA 1993). STONE, C.J., and GROSS, J., ...
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