THE STATE OF FLORIDA, APPELLANT,
v.
O'NEAL BRYANT, APPELLEE
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A trial court must provide oral or written reasons for imposing a downward departure sentence.
The defendant pled guilty to burglary and grand theft. The trial court imposed a downward departure sentence without providing any reasons.…
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PER CURIAM.
The State of Florida appeals the imposition of the downward departure sentence of the defendant, O’Neal Bryant. We reverse and remand.
The defendant was charged with burglary of an unoccupied conveyance and grand theft. The defendant pled guilty to both charges. Over the State’s objection, the trial court sentenced the defendant to a downward departure sentence without providing either oral or written reasons.
As the State correctly argues, the trial court reversibly erred by failing to provide either oral or written reasons for the downward departure. State v. White, 842 So. 2d 257 (Fla. 1st DCA 2003); State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001). As such, “we reverse the downward departure sentence and remand with instructions to allow the defendant to either withdraw his plea and proceed to trial or be re-sentenced pursuant to the guidelines. Our ruling is without prejudice to the trial court to revisit the issue of downward departure on a more fully developed record.” State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002) (citations omitted).
Reversed and remanded with instructions.
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)…State v. Rinkins, 646 So. 2d 727 (Fla.1994) (even if 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. Terumbar Ahua, 947 So. 2d 637 (Fla. 3d DCA 2007)…parture, the sentence is reversed and the cause is remanded for resentencing within the guidelines or to permit the defendant to withdraw his plea. See § 921.002(l)(f), Fla. Stat. (2004); State v. Rinkins, 646 So. 2d 727 (Fla.1994); State v. Bryant, 882 So. 2d 401 (Fla. 3d DCA 2004); State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002), review denied, 832 So. 2d 105 (Fla.2002). Reversed and remanded.…
Authorities Cited
- State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002)
- M.L. v. State, 842 So. 2d 257 (Fla. 1st DCA 2003)
- State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001)