STATE OF FLORIDA, APPELLANT,
v.
WILLIE COOPER, APPELLEE
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The court held that a downward sentencing departure requires written reasons, and if a defendant pleads guilty based on an expectation of a specific sentence, they should be allowed to withdraw their plea if that sentence is not imposed.
The defendant entered open pleas of guilty in two consolidated criminal cases. In one case, the judge departed downward from the guidelines without wr…
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LETTS, Judge.
This appeal involves the consolidation of two criminal cases in both of which the defendant entered an open plea of guilty.
As to one of the cases, the judge at the sentencing hearing departed downward from the guidelines citing no reasons written or oral for so doing. This court has already relinquished jurisdiction once to remedy that omission, but it is now back before us without explanation and no action was taken.
Clearly, written reasons must be given, State v. Jackson, 478 So. 2d 1054 (Fla.1985), but we see no reason at this stage to re-relinquish this cause, preferring simply to let the defendant withdraw his plea for the reasons set forth hereafter. As to the other case, in which written reasons for the downward departure were supposedly given, it is obvious that the “reasons” were but factual recordings of what transpired. What the court actually wrote was:
1. Open plea to court
2. Objection by State
Obviously, these are not reasons for departure, nor do we believe they were so intended. What happened here is that the defendant entered an open plea of guilt, contingent on his receiving, as the court orally expressed it, “four years state prison as to all counts1 over the objection of the state and below the sentencing guidelines.”
In our opinion, the state’s objections to this sentence are justified, but we are also of the opinion that the open plea of guilt was entered upon the expectation of a four year sentence, albeit below the guidelines. As a consequence, since the defendant will not receive the sentence which he expected and to which the judge had agreed, we not only reverse the trial court’s departure below the guidelines, but we also remand with instructions to permit the defendant to withdraw his plea. Goodwin v. State, 477 So. 2d 1089 (Fla. 4th DCA 1985).
REVERSED AND REMANDED.
DOWNEY and DELL, JJ., concur. . This encompasses all charges arising from both criminal cases here consolidated.
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Citator
Cited By
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State v. Grononger, 615 So. 2d 869 (Fla. 4th DCA 1993)…920 (Fla.1990). On remand, the trial court is instructed to permit Grononger to withdraw his plea. If [*870] Grononger does not elect to withdraw his plea, then the trial court is instructed to resentence him within the guidelines. State v. Cooper, 510 So. 2d 1252 (Fla. 4th DCA1987). REVERSED AND REMANDED. GUNTHER and STONE, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
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State v. Nichols, 536 So. 2d 1052 (Fla. 4th DCA 1988)…lt of a plea bargain. Regardless of the foregoing discussion, the $50,000 mandatory fine was improperly waived by the trial court and under no stated reasons could the trial court on remand impose the sentence originally given. In State v. Cooper, 510 So. 2d 1252 (Fla. 4th DCA 1987), the defendant entered an open plea of guilty with the expectation of a below the guidelines sentence. This court held that since the defendant on re-remand of the case would not be able to receive the [*1054] sentence which he h…
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State v. Chaney, 514 So. 2d 436 (Fla. 4th DCA 1987)…cause, we reverse the trial court’s departure below the guidelines and remand with instructions to permit the defendant to withdraw her plea, if she is so advised, otherwise the defendant is to be resentenced within the guidelines. State v. Cooper, 510 So. 2d 1252 (Fla. 4th DCA 1987). REVERSED AND REMANDED. DOWNEY and GLICKSTEIN, JJ., concur.…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Goodwin v. State, 477 So. 2d 1089 (Fla. 4th DCA 1985)