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State v. Davis

District Court of Appeal of Florida, Third District
Jan 7, 2009
997 So. 2d 1278 (Fla. Dist. Ct. App. 2009)

Summary

remanding for resentencing or withdrawal of the guilty plea absent valid reasons for downward departure sentence

Summary of this case from State v. Williams

Opinion

No. 3D07-1396.

January 7, 2009.

Appeal from the Circuit Court, Miami-Dade County, Rosa I. Rodriguez, J.

Bill McCollum, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellee.

Before GERSTEN, C.J., and SUAREZ and ROTHENBERG, JJ.


On Motion for Rehearing


We grant the appellant's motion for rehearing, withdraw our former opinion dated November 19, 2008, and substitute the following opinion in its stead.

The State appeals the sentence imposed in the instant case entered pursuant to a plea offered by the trial court to the defendant over the State's objection. Because the record reflects that: (1) the sentence imposed was a downward departure from the sentencing guidelines; (2) the trial court failed to provide any grounds for imposing a downward departure; and (3) the 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 sentencing guidelines, and is supported by valid grounds for the departure.

Reversed and remanded.


Summaries of

State v. Davis

District Court of Appeal of Florida, Third District
Jan 7, 2009
997 So. 2d 1278 (Fla. Dist. Ct. App. 2009)

remanding for resentencing or withdrawal of the guilty plea absent valid reasons for downward departure sentence

Summary of this case from State v. Williams
Case details for

State v. Davis

Case Details

Full title:The STATE of Florida, Appellant, v. Tyrone DAVIS, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 7, 2009

Citations

997 So. 2d 1278 (Fla. Dist. Ct. App. 2009)

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