STATE OF FLORIDA, APPELLANT,
v.
DONNA BRYANT, APPELLEE
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PER CURIAM.
The state appeals the trial court’s downward departure sentence of probation imposed upon the appellee, Donna Bryant, after her plea of guilty. It argues, and she concedes, that the supreme court’s holding in Pope v. State, 561 So. 2d 554 (Fla.1990), requires us to reverse and remand for resentencing within the guidelines because the trial court failed to provide written reasons to support the departure. 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.
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State v. Cohen, 667 So. 2d 438 (Fla. 2d DCA 1996)…es. State v. Lemon, 664 So. 2d 1072 (Fla. 2d DCA 1995). Because, however, the sentence was the result of a plea agreement between appellee and the trial court, appellee should be given the opportunity to withdraw his plea on remand. State v. Bryant, 658 So. 2d 652 (Fla. 2d DCA 1995). Reversed and remanded with directions. BLUE, A.C.J., and LAZZARA and WHATLEY, JJ„ concur.…
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State v. Nehemias E. Martinez, 670 So. 2d 1018 (Fla. 2d DCA 1996)…erse and remand for resentencing within the guidelines.1 In light of the fact that Martinez’s sentence was the result of a plea agreement with the trial court, Martinez should be given the opportunity to withdraw his plea on remand. State v. Bryant, 658 So. 2d 652 (Fla. 2d DCA 1995). Reversed and remanded for further proceedings with directions. CAMPBELL, A.C.J., and LAZZARA and QUINCE, JJ., concur. . Martinez was charged with trafficking in 28 to 200 grams of cocaine pursuant to section 893.135(l)(b)l…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- State v. Preston, 622 So. 2d 169 (Fla. 2d DCA 1993)