THE STATE OF FLORIDA, APPELLANT,
v.
WILLIAM RALPH TIEDGE, APPELLEE
Explore caselaw by topic → Browse Downward Departure Sentence cases and more on FLexlaw
COPE, Judge.
The State appeals a downward departure sentence. We reverse.
Defendant William Ralph Tiedge accepted a plea offer by the court, to which the State objected. Defendant was given a downward departure sentence of three years probation on the charge of aggravated battery. The 1994 guidelines called for a term of incarceration. No reasons for the downward departure sentence were given. The State has appealed and defendant has not filed a brief.
We conclude that the order must be reversed under authority of Pope v. State, 561 So. 2d 554 (Fla.1990), and the cause remanded for resentencing within the sentencing guidelines. However, 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Licea, 707 So. 2d 1155 (Fla. 2d DCA 1998)…ence because no testimony or evidence was presented. If there had been no plea agreement, we would remand this case for the imposition of a new sentence within the sentencing guidelines. See Pope v. State, 561 So. 2d 554 (Fla.1990); State v. Tiedge, 670 So. 2d 191 (Fla. 3d DCA 1996). Because there was a specific plea agreement that no longer can be carried out in accordance with its original terms, Licea must be given an opportunity to withdraw his plea and proceed to trial. See State v. Scott, 611 So. 2d 596…
-
State v. Hewitt, 702 So. 2d 633 (Fla. 1st DCA 1997)…gard to its first point, the state particularly asserts that it “has the right to appeal when a trial court attempts to preempt the normal judicial process by making an independent deal with the defense.” In support thereof it cites State v. Tiedge, 670 So. 2d 191 (Fla. 3d DCA 1996); State v. Parisi, 660 So. 2d 372 (Fla. 4th DCA 1995); State v. Moore, 630 So. 2d 1235 (Fla. 2d DCA 1994); and State v. Bowland, 604 So. 2d 556 (Fla. 2d DCA 1992). We do not agree. Neither Florida Rule of Appellate Procedure 9.140(…
-
Echevarria v. State, 845 So. 2d 340 (Fla. 3d DCA 2003)…secution’s undertaking would be futile at this stage, to order that the defendant be permitted to withdraw his plea. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); Lee v. State, 501 So. 2d 591 (Fla.1987); State v. Tiedge, 670 So. 2d 191 (Fla. 3d DCA 1996); Buffa v. State, 641 So. 2d 474 (Fla. 3d DCA 1994); Spencer v. State, 623 So. 2d 1211 (Fla. 4th DCA 1993); Macker v. State, 500 So. 2d 256 (Fla. 3d DCA 1986); Lollar v. State, 443 So. 2d 1079 (Fla. 2d DCA 1984). As we said in Fraz…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- State v. Molina, 600 So. 2d 41 (Fla. 3d DCA 1992)
- Williams v. State, 627 So. 2d 1345 (Fla. 3d DCA 1993)