STATE OF FLORIDA, APPELLANT,
v.
LINWOOD BOWSER, APPELLEE
STATE OF FLORIDA, APPELLANT,
LINWOOD BOWSER, APPELLEE
202 So. 3d 466
Florida District Court of Appeal, Fifth District (2016)
Positive Treatment
Cited by 1 case
Opinion of the Court
The State appeals a downward departure sentence imposed after the defendant, Linwood Bowser, entered a plea of guilty. The State contends that the trial court erred in ordering the downward departure sentence based on a plea offer previously revoked by the State. We agree that a previously revoked plea offer does not constitute a sufficient ground for departure. See State v. Watson, 971 So.2d 946, 948 (Fla. 3d DCA 2007); see also State v. Lago, 990 So.2d 597, 699 (Fla. 3d DCA 2008). Therefore, we vacate the departure sentence and remand for resentencing within the guidelines. In the alternative, Bowser may be allowed to withdraw his plea. See Watson, 971 So.2d at 948.
REVERSED and REMANDED.
SAWAYA, BERGER and WALLIS, JJ., concur.
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Citator
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Black v. State, 219 So. 3d 136 (Fla. 5th DCA 2017)…ruled on Black’s appeal of the summary denial (5D16-1952), affirming all claims except claim 7, in which Black argued trial counsel provided ineffective assistance by not calling his co-defendant, Phillip Snead, as a defense witness. Black v. State, 202 So. 3d 466, 467 (Fla. 5th DCA 2016). We reversed the denial of claim 7 and remanded for the trial court to attach records conclusively refuting the claim or to hold an evidentiary hearing. Id. On remand, the trial court entered a new order, once more summarily…
Authorities Cited
- State v. Watson, 971 So. 2d 946 (Fla. 3d DCA 2007)
- State v. Lago, 990 So. 2d 597 (Fla. 3d DCA 2008)