THE STATE OF FLORIDA, APPELLANT,
v.
GERONIMO MENDEZ, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
GERONIMO MENDEZ, APPELLEE
835 So. 2d 375
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
The downward departure sentence entered on the basis of a plea agreement with the trial court alone without the concurrence and over the objection1 of the state is vacated. State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002), review denied, 832 So. 2d 105 (Fla.2002); State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001), review denied, 823 So. 2d 125 (Fla.2002); State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001). The cause is remanded for resentencing or, at the option of the defendant, withdrawal of the plea and further proceedings consistent therewith.
. We do not agree that the objection was not sufficiently asserted below.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Brownell, 922 So. 2d 244 (Fla. 3d DCA 2006)…defendant habitual offender, trial court required to state appropriate written reasons for downward departure); State v. McLeod, 652 So. 2d 923 (Fla. 3d DCA 1995) (same). See also State v. Bryant, 882 So. 2d 401 (Fla. 3d DCA 2004); State v. Mendez, 835 So. 2d 375 (Fla. 3d DCA 2003). Reversed and remanded with directions.…
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State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007)…SCHWARTZ, Senior Judge. As in State v. Green, 932 So. 2d 365 (Fla. 3d DCA 2006), State v. Brownell, 922 So. 2d 244 (Fla. 3d DCA 2006), and State v. Mendez, 835 So. 2d 375 (Fla. 3d DCA 2003), we reverse the downward departure sentence entered pursuant to a court-initiated agreement with the defendant in which the state did not participate, because it was (of course) unaccompanied by oral or written [*748] reasons just…
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State v. Maxie Smith, 23 So. 3d 229 (Fla. 3d DCA 2009)…CORTIÑAS, J. As in State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007), State v. Green, 932 So. 2d 365 (Fla. 3d DCA 2006), State v. Brownell, 922 So. 2d 244 (Fla. 3d DCA 2006), and State v. Mendez, 835 So. 2d 375 (Fla. 3d DCA 2003), we reverse the downward departure sentence entered pursuant to a court-initiated agreement with the defendant, in which the State did not participate, as it was unaccompanied by oral or written reasons justifying the departure. S…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002)
- State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001)
- State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001)