THE STATE OF FLORIDA, APPELLANT,
v.
REYARD LEGGETT, APPELLEE
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The court affirmed the downward departure sentence because the State failed to properly preserve its objection to the sentence below and raised arguments not made to the trial court.
The State appealed the imposition of a downward departure sentence after the trial court offered a sentence lower than the State's plea offer. The Sta…
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RAMIREZ, J.
The State of Florida appeals the imposition of a downward departure sentence. We affirm because the objection to a departure sentence was not properly preserved and none of the arguments raised on appeal were made to the trial court below.
At the onset of the probation violation hearing, the State offered the appellee, Reyard Leggett, a plea to a seven-year sentence, which constituted a downward departure sentence. The trial court initially rejected any plea discussions apparently because the parties had failed to reach an agreement earlier. After hearing the evidence, however, the judge offered to sentence Leggett to three years in state prison with no credit for time served. The State objected, stating that the judge was sentencing Leggett to half the sentence offered by the State after it had been forced to hold a hearing and call witnesses. In actuality, however, the sentence was not half the seven-year sentence offered by the State because Leggett would have been entitled to almost three years credit for time served.
The State argues that the trial court improperly initiated the plea bargaining process and that the court did not provide reasons for the departure. As in State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998), the State should have called the trial court’s attention to the need for downward departure reasons. We also affirm because the State had initially offered a departure sentence and had never withdrawn that offer at the time the trial court made its offer to Leggett. See State v. Aguilar, 775 So. 2d 994, 996 (Fla. 3d DCA 2000) (“Where the state and the defendant agree that a departure from the sentencing guidelines is appropriate, the extent of the departure is within the sound discretion of the trial judge.”).
Affirmed.
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State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007)…he sentence was insufficient to preserve the point. We do not agree. The statement to this effect in State v. Merriweather, 875 So. 2d 1283 (Fla. 3d DCA 2004), applies, as indicated by the cases cited in support of the proposition, State v. Leggett, 792 So. 2d 646 (Fla. 3d DCA 2001); State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998), to situations, unlike this one, in which the state has actually made an offer of a less-than-guidelines sentence but later claims error in the extent of the departure adopte…
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State v. Merriweather, 875 So. 2d 1283 (Fla. 3d DCA 2004)…PER CURIAM. The State’s general objection was insufficient to call the trial court’s attention to the need for downward departure reasons. State v. Leggett, 792 So. 2d 646, 647 (Fla. 3d DCA 2001); State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998). Affirmed.…
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State v. Nunez, 855 So. 2d 698 (Fla. 3d DCA 2003)…tate. Therefore, the offer to forgo an appeal of a downward departure sentence was not withdrawn at the time the court made its offer to defendant. Accordingly, the downward departure sentence was within the court’s discretion. See State v. Leggett, 792 So. 2d 646 (Fla. 3d DCA 2001). See also State v. Aquilar, 775 So. 2d 994 (Fla. 3d DCA 2000), review denied, 791 So. 2d 1101 (Fla.2001). Affirmed. . Initially, the State offered defendant a four-year downward departure sentence. Defendant filed a motion to…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998)
- State v. Rosario Aguilar, 775 So. 2d 994 (Fla. 3d DCA 2000)