THE STATE OF FLORIDA, APPELLANT,
v.
LAFFAYETTE BERRY, APPELLEE
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A trial court cannot impose a downward departure sentence without written reasons, even if the State withdraws its offer.
The State offered a downward departure sentence, but the trial court indicated agreement to an even shorter sentence. The State withdrew its offer, bu…
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PER CURIAM.
The State appeals a downward departure sentence. We reverse for further proceedings.
The State offered a downward departure sentence to defendant-appellant Laffayette Berry. When the case came before the trial court, the defendant requested, and the trial court indicated agreement in concept, on a shorter sentence than the State had offered. Had the State’s downward departure offer remained open, then the trial court could have accepted the defendant’s plea and imposed an even greater downward departure. State v. Aguilar, 775 So. 2d 994, 996 (Fla. 3d DCA 2000).
The State timely withdrew its offer, however, and objected to the imposition of sentence below the guidelines minimum. Over objection, the trial court imposed a downward departure sentence without stating written reasons. The State has appealed.
In the absence of a valid reason for downward departure, we are obliged to reverse and remand for resentencing consistent with the guidelines, or to permit the defendant to withdraw his plea. State v. Green, 932 So. 2d 365 (Fla. 3d DCA 2006). The defendant suggests that there is a valid reason for downward departure. That issue can be raised in the trial court on remand. As to the suggestion that a victim’s consent can, in and of itself, constitute a valid downward departure reason, the parties’ attention is invited to State v. Kasten, 775 So. 2d 992 (Fla. 3d DCA 2000). Reversed and remanded for further proceedings consistent herewith.
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Jackson v. State, 64 So. 3d 90 (Fla. 2011)…First District certified that its decision is in direct conflict with the decisions of the Third District Court of Appeal in State v. Williams, 20 So. 3d 419 (Fla. 3d DCA 2009), State v. Davis, 997 So. 2d 1278 (Fla. 3d DCA 2009), and State v. Berry, 976 So. 2d 645 (Fla. 3d DCA 2008). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The case under review concerns the re-sentencing of Bradley James Jackson (“Jackson”) under the Criminal Punish [*91] ment Code (“CPC” or “the Code”). As explained below,…1 / 3
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State v. Davis, 997 So. 2d 1278 (Fla. 3d DCA 2009)…he State timely objected to the imposition of a departure from the sentencing guidelines, we reverse and remand with directions to the trial court to vacate the judgment and sentence and permit the defendant to withdraw his plea. See State v. Berry, 976 So. 2d 645 (Fla. 3d DCA 2008) (holding that the absence of valid reasons for departure, requires reversal and remand for resentencing or withdrawal of the defendant’s plea). This ruling does not preclude the imposition of a sentence that departs from the sente…
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State v. Lago, 990 So. 2d 597 (Fla. 3d DCA 2008)…e, the extent of the departure is within the sound discretion of the trial judge.” Id. at 996. Our court has subsequently held that Aguilar does not apply where the State timely withdraws its offer for a downward departure sentence. State v. Berry, 976 So. 2d 645 (Fla. 3d DCA 2008). In Berry, the State had made an offer to the defendant for a downward departure sentence but timely withdrew the offer and objected to the imposition of a sentence below the guidelines minimum. The trial court imposed a downward…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Green, 932 So. 2d 365 (Fla. 3d DCA 2006)
- State v. Rosario Aguilar, 775 So. 2d 994 (Fla. 3d DCA 2000)
- State v. Mikeal Kasten, 775 So. 2d 992 (Fla. 3d DCA 2000)