STATE OF FLORIDA, APPELLANT,
v.
MARK MCCULLOCH, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida's appellate court reversed and remanded a sentence where the trial judge rejected a plea agreement without affording the state the option to proceed to trial on all original counts, and imposed an improper downward departure without written reasons.
When a trial court rejects a plea agreement, it must either accept the agreement or afford the state the option to go to trial on all counts originally filed.
[1] When a trial court rejects a plea agreement, it must either accept the agreement or afford the state the option to proceed to trial on all counts originally filed against…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDefendant pled guilty to sexual battery, false imprisonment, and battery pursuant to a plea agreement calling for 4½ years' imprisonment followed by 1…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Written Reasons For Sentencing Departure cases and more on FLexlaw
PER CURIAM.
Pursuant to a plea agreement which was accepted by the trial judge, defendant pled guilty to sexual battery, false imprisonment and battery in exchange for a sentence of 4½ years’ imprisonment followed by 10 years’ probation. A different judge presided at sentencing. The sentencing judge disregarded the agreement and entered a sentence constituting a downward departure from the presumptive guidelines sentence. Defendant concedes that remand is required because the sentencing judge erred in imposing the downward departure without providing written reasons. See Fla.R.Crim.P. 3.701(d)(11); Ree v. State, 565 So. 2d 1329 (Fla.1990); State v. Cook, 571 So. 2d 22 (Fla. 2d DCA 1990).
Moreover, regardless of the improper departure, the sentence must be reversed. If a trial court rejects a plea agreement, it must afford the state the option to go to trial on all counts originally filed against the defendant. State v. White, 554 So. 2d 1231 (Fla. 5th DCA 1990); State v. White, 532 So. 2d 1083 (Fla. 5th DCA 1988); State v. Leija, 520 So. 2d 705 (Fla. 5th DCA 1988).
The trial court failed to give the State that option in this case.
Accordingly, we remand for entry of a sentence in accordance with the agreement or, in the alternative, for a trial on all counts if the trial court finds the plea agreement unacceptable. REVERSED and REMANDED for re-sentencing.
GOSHORN, HARRIS and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Buchanan, 580 So. 2d 201 (Fla. 5th DCA 1991)…ons. State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987). In failing to provide contemporaneous written reasons for departing downward, the trial court erred. State v. McCulloch, 573 So. 2d 395 (Fla. 5th DCA 1991); State v. Cook, 571 So. 2d 22 (Fla. 2d DCA 1990). On remand, the trial court must resentence defendant within the guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990). Accordingly, we reverse the departure sentence and remand f…
-
State v. Daley, 588 So. 2d 700 (Fla. 5th DCA 1991)…Appellee’s conviction is affirmed, but his sentence is reversed and the cause is remanded for resentencing within the guidelines. Pope v. State, 561 So. 2d 554 (Fla. 1990); State v. Buchanan, 580 So. 2d 201 (Fla. 5th DCA 1991); State v. McCulloch, 573 So. 2d 395 (Fla. 5th DCA 1991). AFFIRMED in part; REVERSED in part; REMANDED for resentencing. PETERSON and DIAMANTIS, JJ., concur.…
Authorities Cited
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- State v. Leija, 520 So. 2d 705 (Fla. 5th DCA 1988)
- State v. Mychel Marie Cook, 571 So. 2d 22 (Fla. 2d DCA 1990)
- State v. White, 532 So. 2d 1083 (Fla. 5th DCA 1988)
- Waylon Keith Baxley v. State, 554 So. 2d 1231 (Fla. 2d DCA 1990)