STATE OF FLORIDA, APPELLANT,
v.
JEFFREY A. COHEN, APPELLEE
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PER CURIAM.
The appellant, State of Florida, challenges the trial court’s order imposing a sentence which departed downward from the recommended guidelines sentencing range based on appellee’s need for substance addiction treatment. The state argues, and we agree, that there was no evidence to support the trial court’s finding that appellee was amenable to rehabilitation. Herrin v. State, 568 So. 2d 920 (Fla.1990). Accordingly, we reverse and remand for resentencing within the guidelines. 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. Sawyer, 753 So. 2d 737 (Fla. 2d DCA 2000)…not join in the plea agreement. See State v. Laperreri, 710 So. 2d 119 (Fla. 2d DCA 1998); State v. Bowland, 604 So. 2d 556 (Fla. 2d DCA 1992). On remand, appellant should therefore be given the opportunity to withdraw his plea. See State v. Cohen, 667 So. 2d 438 (Fla. 2d DCA 1996). Reversed and remanded. PARKER and SALCINES, JJ., Concur.…
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State v. Petringelo, 762 So. 2d 965 (Fla. 2d DCA 2000)…remand for resen-tencing within the guidelines. Since Pe-tringelo’s sentences were the result of a plea agreement between Petringelo and the trial court, Petringelo should be given the opportunity to withdraw his plea on remand. See State v. Cohen, 667 So. 2d 438, 439 (Fla. 2d DCA 1996). THREADGILL, A.C.J., and DAVIS, JJ., Concur.…
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State v. Hillhouse, 708 So. 2d 326 (Fla. 2d DCA 1998)…he was amenable to treatment. A finding that the' defendant is amenable to treatment must be based on competent substantial evidence. Herrin v. State, 568 So. 2d 920 (Fla.1990); State v. Benjamin, 685 So. 2d 1335 (Fla. 2d DCA 1996); State v. Cohen, 667 So. 2d 438 (Fla. 2d DCA 1996). There must be evidence that there is a reasonable possibility that such treatment will be successful. Herrin, 568 So. 2d at 922. Here, there was no evidence that Hillhouse-was amenable to treatment. Therefore, we reverse Hill-hou…
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- Herrin v. State, 568 So. 2d 920 (Fla. 1990)
- State v. Lemon, 664 So. 2d 1072 (Fla. 2d DCA 1995)
- State v. Bryant, 658 So. 2d 652 (Fla. 2d DCA 1995)