EDWARD LAWRENCE KEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ORFINGER, Judge.
A negotiated plea which includes an agreement that the defendant may be sentenced to imprisonment for a period of time in excess of the new sentencing guidelines (although within the minimum and maximum sentence limitations provided by law) is a clear and sufficient reason for departure from those guidelines. See Fla.R. Crim.P. 3.701(b)(6).
Notwithstanding that this sentence was imposed following the entry of a guilty plea, defendant has a right to appeal the sentence because of the departure from the guidelines. See § 921.001(5), Fla.Stat. (1983). However, because there was no error in the departure here, the sentence appealed from is
AFFIRMED.
DAUKSCH and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Mischler v. State, 458 So. 2d 37 (Fla. 4th DCA 1984)…does not warrant departure Young v. State, 455 So. 2d 551 (Fla. 1st DCA 1984). Mere failure to appear insufficient for departure Harms v. State, 454 So. 2d 689 (Fla. 1st DCA 1984). Agreement as to sentence sufficient for departure Key v. State, 452 So. 2d 1147 (Fla. 5th DCA 1984); Bell v. State, 453 So. 2d 478 (Fla. 2d DCA 1984); Green v. State, 460 So. 2d 378 (Fla. 2d DCA 1984); Harrington v. State, 455 So. 2d 1317 (Fla. 2d DCA 1984). Judicial discretion not usurped by guidelines Manning v. State, 45…
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Knowlton v. State, 466 So. 2d 278 (Fla. 4th DCA 1985)…that appellant is precluded from directly appealing the plea itself. Robinson v. State, 373 So. 2d 898 (Fla.1979). He is, however, not precluded from appealing his sentence where the trial court departed from the sentencing guidelines. Key v. State, 452 So. 2d 1147 (Fla. 5th DCA 1984); Garcia v. State, 454 So. 2d 714 (Fla. 1st DCA 1984); Albritton v. State, 458 So. 2d 320 (Fla. 5th DCA 1984). In fact, sections 924.06(1) and 921.001, Florida Statutes, have now been amended to specifically provide for the right…
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State v. Collins, 482 So. 2d 388 (Fla. 5th DCA 1985)…1985) (departure from guidelines based on prior plea agreement was proper); Bell v. State, 453 So. 2d 478 (Fla. 2d DCA 1984) (departure from guidelines clearly warranted when there is plea bargain which specifies permissible sentence); Key v. State, 452 So. 2d 1147 (Fla. 5th DCA 1984) (negotiated plea is clear and sufficient reason for departure) rev. den., 459 [*390] So. 2d 1041 (Fla.1984). The state attorney agreed that a downward departure was in order and urged the court that thirty-six months imprisonment…
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