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STATE v. WAGNER
District Court of Appeal of Florida, Fourth District.
Mar 18, 1992
PER CURIAM.
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.
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