STATE OF FLORIDA, APPELLANT,
v.
RALPH HALE, APPELLEE
BLUE, Judge.
The State appeals the sentence imposed upon Ralph Hale, asserting that the trial court failed to follow the negotiated plea agreement. The State and Hale had entered into a plea agreement that called for a downward departure from the sentencing guidelines; however, the court did not impose the agreed upon sentence and instead imposed a different departure sentence. Because Hale’s actual sentence was not the result of a legitimate plea bargain, the written departure reason is not supported by the record. Accordingly, we reverse and remand with directions to the trial court to either impose the sentence negotiated between Hall and the State or allow Hale to withdraw his plea.
Reversed and remanded.
ALTENBERND, A.C.J., and FULMER, J., concur.
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Bailey v. Dep't of Health & Rehabilitative Servs., 703 So. 2d 1224 (Fla. 5th DCA 1998)…g out its promises. Their statements about what happened were actually agreed to by the representatives of the Department at the hearing. In my view, these circumstances established a valid ground for withdrawal of their consents. Cf. State v. Hale, 682 So. 2d 613 (Fla. 2d DGA 1996); Woods v. State, 600 So. 2d 27, 28 (Fla. 4th DCA 1992); Moore v. State, 489 So. 2d 1215 (Fla. 2d DCA 1986) (trial court must either follow plea bargain or give defendant an opportunity to withdraw his plea).…
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Dozier v. State, 881 So. 2d 662 (Fla. 3d DCA 2004)…four-year sentence. If there is no longer an agreement then there is no longer a valid downward departure reason under paragraph 921.0026(2)(e), Florida Statutes. The Second District has squarely addressed the issue now before us in State v. Hale, 682 So. 2d 613 (Fla. 2d DCA 1996). The court said: The State and Hale had entered into a plea agreement that called for a downward departure from the sentencing guidelines; however, the court did not impose the agreed upon sentence and instead imposed a different…