STATE OF FLORIDA, APPELLANT,
v.
ELORY T. SCOTT, APPELLEE
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The court held that written reasons for a downward departure sentence must be filed contemporaneously with sentencing and that the reasons provided were invalid.
Appellee, while in a work release program, failed to report back and returned voluntarily the next morning, pleading no contest to escape. The trial c…
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CAMPBELL, Acting Chief Judge.
The state appeals appellee’s downward departure sentence, arguing that the written reasons for departure were not filed contemporaneously with sentencing and that the reasons given for departure were invalid. We reverse.
The state argues first, and appellee concedes, that the written reasons for departure were not filed contemporaneously with sentencing. We agree. Next, the state correctly contends that the reasons given for departure are invalid. While in a work release program, appellee failed to report back to the program one evening. He returned voluntarily the next morning. Based upon an agreement with the trial judge that was objected to by the state, appellee pled no contest to one count of escape. The trial court sentenced him to a downward departure sentence of nine months county jail, orally noting several reasons for the departure dealing with the non-egregious circumstances of appellee’s offense and the fact that there are no degrees of the offense of escape. The guidelines recommendation was for three-and-one-half to four-and-one-half years in prison with a permitted range of two-and-one-half years to five-and-one-half years. The court’s reasons were invalid based on State v. Baker, 498 So. 2d 1031 (Fla. 1st DCA 1986), where, under a similar situation of escape from a work release program, similar reasons were found not to support a downward departure. Accordingly, we reverse appellee’s sentence.
We do, however, agree with appel-lee that since we are reversing a sentence that was based on a plea agreement with the trial judge, appellee must be given an opportunity to withdraw his plea. We reverse the downward departure sentence and remand for further proceedings. After the court has given appellee the opportunity to withdraw his plea, upon any re-sentencing, a guidelines sentence should be imposed.
THREADGILL and BLUE, JJ., concur.
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State v. Bray, 738 So. 2d 962 (Fla. 2d DCA 1999)…reement based upon an understanding with the judge that the sentence he received would be the same as that set forth in the change of plea form. On [*964] remand, Bray should be offered an opportunity to withdraw his guilty plea. See State v. Scott, 611 So. 2d 596 (Fla. 2d DCA 1993). Reversed and remanded for further proceedings. PATTERSON, A.C.J., and DANAHY, PAUL W., (Senior) Judge, Concur.…
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State v. Licea, 707 So. 2d 1155 (Fla. 2d DCA 1998)…670 So. 2d 191 (Fla. 3d DCA 1996). Because there was a specific plea agreement that no longer can be carried out in accordance with its original terms, Licea must be given an opportunity to withdraw his plea and proceed to trial. See State v. Scott, 611 So. 2d 596, 597 (Fla. 2d DCA 1993); Tiedge, 670 So. 2d at 192. If Licea declines the opportunity to withdraw his plea, the sentencing court must impose a guidelines sentence. See Scott, 611 So. 2d at 597. Reversed and remanded. PATTERSON and NORTHCUTT, JJ.,…
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State v. McGRIFF, 698 So. 2d 331 (Fla. 2d DCA 1997)…rty was taken. Furthermore, the scoresheet provides for victim injury and for use of a firearm and, thus, these factors have been contemplated by the guidelines. See State v. Baker, 498 So. 2d 1031, 1032 (Fla. 1st DCA 1986); see also State v. Scott, 611 So. 2d 596, 597 (Fla. 2d DCA 1993) (lack of egregious circumstances was invalid reason for departure). The third reason the court listed was that MeGriff cooperated in resolving the current offenses or other offenses. The third basis for departure is a listed…
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- State v. Baker, 498 So. 2d 1031 (Fla. 1st DCA 1986)