STATE OF FLORIDA, APPELLANT,

v.

CLARENCE L. PRESTON, APPELLEE

Fla. 2d DCA | 1993-08-11

No. 92-04175

FRANK, C.J., and SCHOONOVER and PATTERSON, JJ., concur.

622 So. 2d 169 Florida District Court of Appeal, Second District (1993) Positive Treatment

Cited by 4 cases

Topics

Felony Petit Theft Felony Petit Theft Downward Departure Sentence

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Opinion of the Court

PER CURIAM.

The state appeals the downward departure sentence imposed upon the appellee, Clarence L. Preston, after he pled guilty to third degree felony petit theft. We reverse.

The trial court’s stated reason for the downward departure was the minimal value of the property taken. This reason is an invalid basis for downward departure. State v. Lisk, 523 So. 2d 1260 (Fla. 2d DCA 1988), rev. denied, 531 So. 2d 168 (Fla.1988).

Since the reason for departure is invalid, we reverse the sentence. On remand, however, the appellee should be given an opportunity to withdraw his plea because the record indicates he entered the plea in exchange for the departure sen- tenee he received. State v. Brown, 542 So. 2d 1371 (Fla. 4th DCA 1989).

Reversed and remanded.

FRANK, C.J., and SCHOONOVER and PATTERSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

State v. Bryant, 658 So. 2d 652 (Fla. 2d DCA 1995)

…arture. It is clear from this record, however, that appellee changed her plea in exchange for the departure sentence she received. Accordingly, on remand, the trial court must give appellee the opportunity to withdraw her plea. See State v. Preston, 622 So. 2d 169 (Fla. 2d DCA 1993). Otherwise, the trial court must sentence her within the guidelines. Reversed and remanded with directions. CAMPBELL, A.C.J., and BLUE and LAZZARA, JJ., concur.…
State v. Millett, 658 So. 2d 651 (Fla. 2d DCA 1995)

…es (1989). It is clear from the record, however, that Millet’s change of plea was made in reliance on the trial court imposing non-prison sanctions. On remand, therefore, he should be given the opportunity to withdraw his plea. See State v. Preston, 622 So. 2d 169 (Fla. 2d DCA 1993). Otherwise, the trial court must resentence him in accord with McKendry. Reversed and remanded with directions. CAMPBELL, A.C.J., and BLUE and LAZZARA, JJ., concur.' . Although the legislature amended section 790.221(2) to…

Authorities Cited

Waters v. State, 542 So. 2d 1371 (Fla. 3d DCA 1989)
State v. Lisk, 523 So. 2d 1260 (Fla. 2d DCA 1988)

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