THE STATE OF FLORIDA, APPELLANT,
v.
TERUMBAR AHUA, APPELLEE
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PER CURIAM.
In accordance with the court’s self-initiated plea bargain and over the state’s specific objection, the trial judge accepted a plea of guilty in exchange for a sentence of 364 days in the county jail, notwithstanding that the defendant was a habitual offender and scored no less than 31.8 months on the guidelines scoresheet. Because there was no reason, valid or otherwise, proffered for the downward departure, 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.
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State v. Browne, 187 So. 3d 377 (Fla. 5th DCA 2016)…hment Code, which may include a new downward departure sentence as long as it is supported by a legally sufficient basis. See Jackson v. State, 64 So. 3d 90, 93 (Fla.2011); State v. Reith, 43 So. 3d 909, 910 [*379] (Fla. 2d DCA 2010); State v. Ahua, 947 So. 2d 637, 637 (Fla. 3d DCA 2007). REVERSED AND REMANDED. PALMER and TORPY, JJ., concur.…
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State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007)…initiated agreement with the defendant in which the state did not participate, because it was (of course) unaccompanied by oral or written [*748] reasons justifying the departure. See State v. Barr, 947 So. 2d 1277 (Fla. 3d DCA 2007); State v. Ahua, 947 So. 2d 637 (Fla. 3d DCA 2007); State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001), review denied, 823 So. 2d 125 (Fla.2002); State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002), review denied, 832 So. 2d 105 (Fla.2002). Roberts’s only position for affirmance is…
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State v. Watson, 971 So. 2d 946 (Fla. 3d DCA 2007)…978). We do so again here. Consequently, the sentence under review is reversed and the cause remanded to enter a guidelines sentence or to permit appellee to withdraw his plea. See State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007); State v. Ahua, 947 So. 2d 637 (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). Reversed and remanded. . [PROSECUTOR]: I'm sorry, I didn’t mean to interrupt [defense counsel] but I feel I need to. I wa…
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- State v. Australia Ozell Rinkins, Jr., 646 So. 2d 727 (Fla. 1994)
- State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002)
- State v. O'Neal Bryant, 882 So. 2d 401 (Fla. 3d DCA 2004)