District Court of Appeal of Florida January 31, 1989, No. 88-586 (State v. Mitchell)

PER CURIAM.

The state appeals from a downward departure sentence entered upon a negotiated plea between the defendant and the court over the state’s objection. We agree with the state that the trial court failed to set forth clear and convincing reasons for the departure sentence, and we reverse.

In July 1987, the defendant pled guilty to grand theft and was placed on probation.