DONALD LEE SMITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A trial judge may exceed recommended sentencing guidelines based on a plea bargain condition.
[1] A trial judge may exceed recommended guidelines sentences when the departure is a legitimate and uncoerced condition of a plea bargain.
[2] A plea bargain itself can serve as a clear and convincing reason for a departure sentence when the departure is an integral part of the agreement.
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Join FLexlaw to unlock all legal intelligenceDefendant pleaded guilty to second-degree murder in exchange for a sentence exceeding recommended guidelines. The trial court accepted the plea and th…
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EHRLICH, Chief Justice.
We have for review Smith v. State, 519 So. 2d 731 (Fla. 1st DCA 1988), in which the district court certified the following question:
IN LIGHT OF WILLIAMS V. STATS, 500 S0.2D 501 (FLA.1986), MAY A TRIAL JUDGE EXCEED THE RECOMMENDED GUIDELINES SENTENCE BASED UPON A LEGITIMATE AND UNCOERCED CONDITION OF A PLEA BARGAIN?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Smith entered a negotiated plea of guilty to a charge of second-degree murder in exchange for a twenty-four year sentence, which was in excess of the recommended guidelines sentence. The trial court accepted the plea. The district court below affirmed Smith’s departure sentence and certified the question now before this Court.
This Court recently answered the above stated certified question in the affirmative, holding that the plea bargain itself may serve as a clear and convincing reason for departure when the departure reason was accepted as an integral part of the bargain itself. Quarterman v. State, 527 So. 2d 1380 (Fla.1988). See also Holland v. State, 508 So. 2d 5 (Fla.1987). Accordingly, we approve the result reached by the district court below.
It is so ordered.
overton, McDonald, shaw, BARKETT, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- THE Florida BAR v. Mullins, 527 So. 2d 1380 (Fla. 1988)
- Bush Wade Holland v. State, 508 So. 2d 5 (Fla. 1987)
- Smith v. State, 519 So. 2d 731 (Fla. 1st DCA 1988)
- State v. Walther, 519 So. 2d 731 (Fla. 1st DCA 1988)