State v. Young

• Decision Date: 29 August 1989
• Docket Number: No. 88-2196,88-2196
• Citation: 547 So.2d 1063,14 Fla. L. Weekly 2048
• Parties: 14 Fla. L. Weekly 2048 The STATE of Florida, Appellant, v. Thomas Anthony YOUNG, Appellee.
• Court: Florida District Court of Appeals

Page 1063

547 So.2d 1063

14 Fla. L. Weekly 2048

The STATE of Florida, Appellant, v. Thomas Anthony YOUNG, Appellee.

No. 88-2196.

District Court of Appeal of Florida, Third District.

Aug. 29, 1989.

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

Robert A. Butterworth, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellee.

Before BARKDULL, HUBBART and JORGENSON, JJ.

PER CURIAM.

Upon the defendant Thomas Anthony Young's confession of error, the sentence under review by this appeal is reversed and the cause is remanded to the trial court with directions: (1) to enter written reasons for the downward departure from the sentencing guidelines imposed below, or (2) to sentence the defendant within the sentencing guidelines. See Burke v. State, 483 So.2d 404 (Fla.1985); State v. Jackson, 478 So.2d 1054 (Fla.1985), overruled on other grounds, Miller v. Florida, 482 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987); State v. Alvarez, 538 So.2d 956 (Fla. 3d DCA 1989); State v. Williams, 535 So.2d 357 (Fla. 3d DCA 1988); State v. McDavid, 532 So.2d 1125 (Fla. 3d DCA 1988). In the event the latter alternative is chosen by the trial court upon remand, the defendant shall be afforded an opportunity to withdraw his nolo contendere plea because it was entered below in exchange for the appealed-from departure sentence. See State v. Thomas, 516 So.2d 1058, 1060 (Fla. 3d DCA 1987); State v. Johnson, 512 So.2d 1116, 1117 (Fla. 3d DCA 1987).

Reversed and remanded.