THE STATE OF FLORIDA, APPELLANT,
v.
MAXIE SMITH, APPELLEE
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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. See State v. Barr, 947 So.2d 1277 (Fla. 3d DCA 2007); State v. Alma, 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).
The sentence is therefore reversed with directions to enter sentence within the *230guidelines or to permit the defendant to withdraw his plea.
Reversed and remanded.
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Citator
Cited By
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State v. Shamichael Juliet Johnson, 193 So. 3d 32 (Fla. 3d DCA 2016)
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State v. Malloy, 23 So. 3d 1292 (Fla. 3d DCA 2010)
Authorities Cited
- State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002)
- State v. Green, 932 So. 2d 365 (Fla. 3d DCA 2006)
- State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001)
- State v. Brownell, 922 So. 2d 244 (Fla. 3d DCA 2006)
- Freeman v. State, 963 So. 2d 747 (Fla. 1st DCA 2007)
- State v. Terumbar Ahua, 947 So. 2d 637 (Fla. 3d DCA 2007)
- State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007)
- State v. Geronimo Mendez, 835 So. 2d 375 (Fla. 3d DCA 2003)
- Prettyman v. State, 947 So. 2d 1277 (Fla. 5th DCA 2007)
- State v. Barr, 947 So. 2d 1277 (Fla. 3d DCA 2007)