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State v. Ahua

District Court of Appeal of Florida, Third District
Jan 24, 2007
947 So. 2d 637 (Fla. Dist. Ct. App. 2007)

Opinion

No. 3D05-2768.

January 24, 2007.

Appeal from the Circuit Court, Miami-Dade County, Peter Adrien, J.

Bill McCollum, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellant.

Larry R. Handfield, Miami, for appellee.

Before GERSTEN and FLETCHER, JJ., and SCHWARTZ, Senior Judge.


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(1)(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.


Summaries of

State v. Ahua

District Court of Appeal of Florida, Third District
Jan 24, 2007
947 So. 2d 637 (Fla. Dist. Ct. App. 2007)
Case details for

State v. Ahua

Case Details

Full title:The STATE of Florida, Appellant, v. Terumbar AHUA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 24, 2007

Citations

947 So. 2d 637 (Fla. Dist. Ct. App. 2007)

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