
    The STATE of Florida, Appellant, v. Milton HARRELL, Appellee.
    Nos. 3D05-2145, 3D05-2144.
    District Court of Appeal of Florida, Third District.
    July 19, 2006.
    
      Charles J. Crist, Jr., Attorney General, and Robin F. Hazel, Assistant Attorney General, for appellant.
    Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellee.
    Before GERSTEN, and SUAREZ, JJ„ and SCHWARTZ, Senior Judge.
   PER CURIAM.

The State of Florida (“State”), appeals the trial court’s downward departure sentence. The State asserts that the trial court erred in issuing a downward departure sentence without legal justification. The appellee commendably concedes error, and we agree. See § 921.0026, Fla. Stat. (2005); State v. Subido, 925 So.2d 1052, 1057 (Fla. 5th DCA 2006); State v. Ford, 739 So.2d 629 (Fla. 3d DCA 1999); State v. Ashley, 549 So.2d 226 (Fla. 3d DCA 1989).

Accordingly, we reverse and remand for re-sentencing. On remand, Harrell shall have the opportunity to withdraw his plea if he so desires.

Reversed and remanded.  