THE STATE OF FLORIDA, APPELLANT,
v.
TYRONE DAVIS, APPELLEE
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On Motion for Rehearing
PER CURIAM.
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 guide lines, and is supported by valid grounds for the departure.
Reversed and remanded.
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Jackson v. State, 64 So. 3d 90 (Fla. 2011)…tate v. Jackson, 22 So. 3d 817 (Fla. 1st DCA 2009). The 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…1 / 3
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State v. Williams, 20 So. 3d 419 (Fla. 3d DCA 2009)…designation,2 we reverse the trial court’s order and the cause is remanded for resentencing, to include written reasons for the departure and designations for habitual offender and prison releasee, or for withdrawal of the plea. See State v. Davis, 997 So. 2d 1278 (Fla. 3d DCA 2009) demanding for resentencing or withdrawal of the guilty plea absent valid reasons for downward departure sentence). Reversed and remanded. . The reasons given by the trial judge in the Order of Enhancement, that, because no one w…
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State v. Jackson, 22 So. 3d 817 (Fla. 1st DCA 2009)…where a downwardly departing sentence is reversed for lack of written reasons. See State v. Williams, 20 So. 3d 419 (Fla. 3d DCA 2009) (reversing and remanding “for resentenc-ing, to include written reasons” for downward departure); State v. Davis, 997 So. 2d 1278, 1279 (Fla. 3d DCA 2009) (reversing a downward departure sentence for lack of [*819] written reasons, finding on remand “[tjhis ruling does not preclude the imposition of a sentence that departs from the sentencing guidelines....”); State v. Berry,…
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- State v. Laffayette Berry, 976 So. 2d 645 (Fla. 3d DCA 2008)