THE STATE OF FLORIDA, APPELLANT,
v.
NANCY CASTANEDO, APPELLEE
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The court held that the trial court's reasons for a downward departure from the sentencing guidelines were invalid, requiring reversal.
The defendant pled guilty to drug offenses in exchange for a recommended sentence below the presumptive guidelines. The trial court departed downward,…
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PER CURIAM.
The state appeals the trial court’s downward departure from the sentencing guidelines. We reverse.
The defendant pled guilty to two counts of sale and delivery of cocaine and two counts of possession of cocaine, violations of section 893.13, Florida Statutes (1987), in exchange for the court’s offer to sentence her to 364 days in the county jail. The presumptive guidelines sentence for the of fenses was two and one-half to three and one-half years imprisonment. The court dictated into the record three reasons for the departure.
We find no support in the record for the court’s first reason: that the defendant was addicted to drugs. The second reason, the small amount of cocaine involved, is an invalid basis for departure, Atwaters v. State, 519 So. 2d 611 (Fla.1988); State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988), as is the third reason, that the defendant can be rehabilitated, State v. Thomas, 516 So. 2d 1058 (Fla. 3d DCA 1987); State v. Myers, 515 So. 2d 333 (Fla. 3d DCA 1987). Ordinarily, the court’s failure to submit a written statement reciting these reasons would require this court to remand directing the trial judge to comply with Florida Rule of Criminal Procedure 3.701(d)(ll). However, because all of the recited grounds are invalid, the trial court may not enunciate new reasons to support a departure sentence. Shull v. Dugger, 515 So. 2d 748 (Fla.1987); Harrison v. State, 523 So. 2d 726 (Fla. 3d DCA 1988). Thus, there is no need for a written statement.
Because the defendant was improperly sentenced after accepting the court’s offer of a reduced sentence in return for a plea of guilty, the defendant may either be resentenced in accordance with the sentencing guidelines or permitted to withdraw her plea and go to trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Thomas, 528 So. 2d 1274 (Fla. 3d DCA 1988)…re from the sentencing guidelines.” Atwaters v. State, 519 So. 2d 611, 612 (Fla.1988). This court has applied the same rule to downward departures from sentencing guidelines. State v. McCluster, 525 So. 2d 434 (Fla. 3d DCA 1988); State v. Castanedo, 523 So. 2d 1253 (Fla. 3d DCA 1988); State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988). Accordingly, the sentence is reversed, and the cause is remanded with directions. Sentence reversed and remanded.…
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State v. McMULLEN, 529 So. 2d 821 (Fla. 3d DCA 1988)…arture. Scott, 508 So. 2d at 337. For the foregoing reasons, the sentence is reversed with directions to afford the defendant the opportunity to withdraw his guilty plea and go to trial. Davis v. State, 308 So. 2d 27 (Fla.1975); State v. Castanedo, 523 So. 2d 1253 (Fla. 3d DCA 1988). Reversed and remanded.…
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Williams v. State, 545 So. 2d 302 (Fla. 3d DCA 1989)…ections to comply with FIa.R.Crim.P. 3.701(d)(ll). "[B]ecause all of the recited reasons are invalid, the trial court may not enunciate new reasons to support a departure sentence. Thus, there is no need for a written statement.” State v. Castanedo, 523 So. 2d 1253 (Fla. 3d DCA 1988) (citations omitted); see Shull v. Dugger, 515 So. 2d 748 (Fla.1987) (trial court is precluded from "enunciat[ing] new reasons for a departure sentence after the reasons given for the original departure sentence have been reversed…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- Atwaters v. State, 519 So. 2d 611 (Fla. 1988)
- State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988)
- Harrison v. State, 523 So. 2d 726 (Fla. 3d DCA 1988)
- State v. Thomas, 516 So. 2d 1058 (Fla. 3d DCA 1987)
- State v. Myers, 515 So. 2d 333 (Fla. 3d DCA 1987)