THE STATE OF FLORIDA, APPELLANT,
v.
GEORGE ELLIS WILLIAMS, APPELLEE
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Florida's appellate court vacated a downward departure sentence for cocaine sale near a school because the trial court failed to enter a written order explaining the reasons for the departure as required by criminal procedure rules.
A trial court must enter a written order explaining the reasons for a downward departure sentence when the plea arrangement results in a sentence below the presumptive range, even when the court has discretion to withhold adjudication.
[1] A trial court imposing a downward departure sentence as part of a plea arrangement over the state's objection must enter a written order stating the reasons for the depar…
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Join FLexlaw to unlock all legal intelligenceThe defendant entered a no contest plea to sale and delivery of cocaine within one thousand feet of a school in violation of Florida law. The trial co…
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PER CURIAM.
The state appeals a downward departure sentence negotiated between the court and the defendant which provided that if the defendant would enter a plea of no contest, the court would impose a sentence of twenty-one days with credit for time served and adjudication withheld. The plea, entered over the state’s objection, involved the sale and delivery of cocaine to an undercover agent within one thousand feet of a school in violation of section 893.13(l)(e), Florida Statutes (1987). The presumptive sentence upon conviction of the charges is from three and one-half to four years in prison. The court made no attempt to make a finding in a written order indicating the reasons for the departure sentence as required by Florida Rule of Criminal Procedure 3.701(d)(ll). Barbera v. State, 505 So. 2d 413 (Fla.1987).
Although the court has discretion to withhold adjudication, Sanchez v. State, 541 So. 2d 1140 (Fla.1989), a plea arrangement between the defendant and the court which results in a downward departure sentence over the state’s objection requires such a written order to comply with Rule 3.701(d)(ll). State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989). Thus, the sentence is vacated and remanded with directions to enter a written order in support of the departure sentence, or if the court determines that departure is inappropriate, to allow the defendant an opportunity to withdraw his no contest plea and go to trial. State v. Mitchell, 538 So. 2d 71 (Fla. 3d DCA 1989).
Accordingly, the sentence is vacated and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Regan, 564 So. 2d 1208 (Fla. 2d DCA 1990)…Fourth District politely observed that: “We are not happy with the knowledge that undercover police have been selling drugs near schools_" Id. at 282. Other cases also seem to involve undercover activities near schools. See, e.g., State v. Williams, 549 So. 2d 230 (Fla. 3d DCA 1989). .There are situations in which an undercover operation may be very appropriate. Where there is a high volume of drug trade near a school or where the police suspect an individual is engaging in drug activity within a school zone…1 / 2
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Smith v. State, 559 So. 2d 1281 (Fla. 5th DCA 1990)…ourt. The alternative to imposing an illegal sentence is to sentence the defendant to a term within the appropriate guideline or, if he chooses, to permit the defendant to withdraw his plea and go to trial on the original charges. State v. Williams, 549 So. 2d 230 (Fla. 3rd DCA 1989). State v. Richardson, 536 So. 2d 1193 (Fla. 4th DCA 1989). The majority agrees that on remand this is what the trial court should do; I believe the record adequately reflects that appellant was given this option prior to trial.…
Authorities Cited
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- Sanchez v. State, 541 So. 2d 1140 (Fla. 1989)
- State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989)
- State v. Mitchell, 538 So. 2d 71 (Fla. 3d DCA 1989)