THE STATE OF FLORIDA, APPELLANT,
v.
JOSE MOLINA, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
JOSE MOLINA, APPELLEE
600 So. 2d 41
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This case is controlled by State v. Alexander, 591 So. 2d 1029 (Fla. 3d DCA 1991), where we held on similar facts that a finding by a trial judge that a defendant is “motivated to treatment” as a mentally disordered sex offender, unlike a strong motivation for rehabilitation, is an insufficient reason to support a downward departure from the guideline sentence.
Accordingly, we vacate the sentence entered and remand for further proceedings where the defendant shall be sentenced within the guidelines or be given an opportunity to withdraw his plea and go to trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Tiedge, 670 So. 2d 191 (Fla. 3d DCA 1996)…wever, because the plea agreement cannot be carried out in accordance with its original terms, defendant must be given an opportunity to withdraw his plea and proceed to trial. See State v. Smith, 627 So. 2d 1345 (Fla. 3d DCA 1993); State v. Molina, 600 So. 2d 41 (Fla. 3d DCA 1992). Reversed and remanded.…
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State v. Cruz, 635 So. 2d 1089 (Fla. 3d DCA 1994)…ce must be vacated and this case remanded to the trial court. At that time, the trial court may resentence the appellee within the sentencing guidelines, or allow him to withdraw his plea. Smith v. State, 598 So. 2d 1063 (Fla.1992); State v. Molina, 600 So. 2d 41 (Fla. 3d DCA 1992), appeal dismissed, 614 So. 2d 503 (Fla.1993). Sentence vacated and remanded for further proceedings.…
Authorities Cited
- State v. Mendoza Alexander, 591 So. 2d 1029 (Fla. 3d DCA 1991)