THE STATE OF FLORIDA, APPELLANT,
v.
MARK BROWN, APPELLEE
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PER CURIAM.
The State appeals from a court-offered sentence which departed downward from the applicable sentencing guidelines. The sole written reason for the trial court’s guideline departure was: “small quantity [of] contraband.” We reverse and remand for resentencing.
The Florida Supreme Court has ruled that the quantity of drugs involved in a crime is not a proper reason to support departure from the sentencing guidelines. Atwaters v. State, 519 So. 2d 611 (Fla.1988). This court has applied the Atwaters rule to downward departures from the sentencing guidelines. State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988); State v. McCluster, 525 So. 2d 434 (Fla. 3d DCA 1988). Accordingly, we reverse the sentence and remand for resentencing within the guidelines, with the defendant being allowed the opportunity to withdraw the plea he negotiated with the trial court. Shull v. Dugger, 515 So. 2d 748 (Fla.1987) (where reasons given for departure are invalid, resentencing following remand must be within guidelines).
Reversed and remanded for resentencing.
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State v. Cosby, 313 So. 3d 903 (Fla. 2d DCA 2021)…onsequently, Cosby's plea was akin to a negotiated plea, and Cosby should be permitted to withdraw his plea based on our conclusion that the asserted grounds did not provide a valid basis to impose a downward departure sentence. Cf. State v. Brown, 545 So. 2d 446 (Fla. 3d DCA 1989) (reversing downward departure sentence and remanding for resentencing within the guidelines while allowing defendant opportunity to withdraw plea he negotiated with the trial court). Reversed and remanded. LaROSE and ATKINSON, JJ.…
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State v. Singletary, 547 So. 2d 1262 (Fla. 3d DCA 1989)…fered by the court. Accordingly, we vacate the sentence under review and remand with directions to the trial court to resentence defendant within the sentencing guidelines or to allow defendant to withdraw his plea if he so chooses. State v. Brown, 545 So. 2d 446 (Fla. 3d DCA 1989). Sentence vacated and cause remanded with directions.…
Authorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- Atwaters v. State, 519 So. 2d 611 (Fla. 1988)
- Pastor v. State, 536 So. 2d 356 (Fla. 3d DCA 1988)
- State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988)
- State v. McCLUSTER, 525 So. 2d 434 (Fla. 3d DCA 1988)