STATE OF FLORIDA, APPELLANT,
v.
TIMOTHY COUCH, APPELLEE
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A departure sentence requires written reasons, and failure to impose a mandatory minimum sentence is also error.
Appellant pleaded guilty to purchasing cocaine near a school, with a plea bargain for a downward departure sentence and no mandatory minimum. The tria…
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HERSEY, Judge.
Appellant entered a guilty plea to a charge of purchasing cocaine within 1,000 feet of a school. The plea bargain terms provided that he would be sentenced to confinement for a period of three and one-half years, a downward departure from the guidelines, and that no mandatory minimum sentence would be imposed. At the sentencing hearing, the trial court orally gave a sufficient reason for downward departure. See Barbera v. State, 505 So. 2d 413, 413-14 (Fla.1987) (drug dependency may be given as a reason for a downward departure); see also State v. Martin, 551 So. 2d 600 (Fla. 4th DCA 1989) (trial court’s cryptic notation on scoresheet of “Barbera decision” as reason for departure sufficiently specific written reason). However, the trial court in this case failed to set forth that reason in writing.
It is error to enter a departure sentence without written reasons. Ree v. State, 565 So. 2d 1329 (Fla.1990), modified, State v. Lyles, 576 So. 2d 706 (Fla.1991), receded from on other grounds, Smith v. State, 598 So. 2d 1063 (Fla.1992). It also is error not to impose the appropriate mandatory minimum sentence. See State v. McKenzie, 574 So. 2d 1176 (Fla. 5th DCA 1991) (en banc).
We therefore reverse and remand for resentencing. Appellant must be afforded the opportunity to withdraw his plea which was entered in reliance on avoiding the mandatory minimum aspect of his sentence.
REVERSED AND REMANDED.
DELL and POLEN, JJ., concur.
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State v. Demille, 890 So. 2d 454 (Fla. 2d DCA 2004)…mum term of imprisonment and a $50,000 fine for this offense. See § 893.135(l)(c)(l)(a), (5), Fla. Stat. (2003). We agree and reverse and remand for resentencing in compliance with the requirements of section 893.135(l)(c)(l)(a). See State v. Couch, 600 So. 2d 55, 55 (Fla. 4th DCA 1992) (holding that it is error not to impose the appropriate mandatory minimum sentence); State v. Delgado, 717 So. 2d 1053, 1053-54 (Fla. 4th DCA 1998) (holding that it is well settled that statutorily mandated fines must be impo…
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FOX v. State, 608 So. 2d 810 (Fla. 1992)…PER CURIAM. We review State v. Fox, 600 So. 2d 55 (Fla. 4th DCA 1992), in which the court certified the same question answered by this Court in Scates v. State, 603 So. 2d 504 (Fla.1992). Upon the authority of Scates, we answer the certified question in the affirmative. We quash the decision below…
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State v. Davis, 609 So. 2d 773 (Fla. 4th DCA 1992)…[*774] LETTS, Judge. This case is reversed on the authority of State v. Couch, 600 So. 2d 55 (Fla. 4th DCA 1992). REVERSED. ANSTEAD, J., concurs. FARMER, J., concurs in result only without opinion.…
Authorities Cited
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- State v. Lyles, 576 So. 2d 706 (Fla. 1991)
- State v. McKENZIE, 574 So. 2d 1176 (Fla. 5th DCA 1991)
- Elisco Meza v. State, 551 So. 2d 600 (Fla. 4th DCA 1989)
- State v. Martin, 551 So. 2d 600 (Fla. 4th DCA 1989)