STATE OF FLORIDA, APPELLANT,
v.
STACY O. KENT, APPELLEE
STATE OF FLORIDA, APPELLANT,
STACY O. KENT, APPELLEE
723 So. 2d 351
Florida District Court of Appeal, Second District (1998)
Caution
Cited by 12 cases
Opinion of the Court
BLUE, Judge.
The State appeals a downward departure sentence. We agree that the trial court’s reasons for departure are neither valid nor supported by the record. Accordingly, we reverse. Because Stacy 0. Kent’s sentence was based on a plea agreement with the trial court, on remand Kent must be given the opportunity to withdraw her plea. If Kent does not withdraw her plea, the trial court shall impose a guidelines sentence. See State v. Moore, 702 So. 2d 604 (Fla. 2d DCA 1997).
Reversed and remanded for resentencing.
CAMPBELL, AC.J., and NORTHCUTT, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Antonal Thornton v. State, 767 So. 2d 1286 (Fla. 5th DCA 2000)…te, 214 So. 2d 41 (Fla. 3d DCA 1968), the court commented on the prosecutor’s statement that if the jury were to set the defendant free to do the same thing again, the only question that could not be resolved was, “Am I next?” See also State v. Dix, 723 So. 2d 351 (Fla. 5th DCA 1998) (prosecutor’s closing argument commenting on explanation defendant gave for shooting, proper response to defense theory). Prosecutorial error alone, however, does not warrant a reversal of a conviction unless those errors are su…
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State v. Allister Jones, 867 So. 2d 398 (Fla. 2004)…xt of the entire closing argument, the court found the statement to be a fair comment on the defendant’s demeanor during a confession, and not an impermissible comment on the exercise of the defendant’s right to remain silent. See also State v. Dix, 723 So. 2d 351 (Fla. 5th DCA 1998) (prosecutor’s statement regarding defendant’s admission did not constitute comment on his exercise of the right to remain silent); Dorman v. State, 638 So. 2d 589 (Fla. 3d DCA 1994) (prosecutor’s statement on the lack of testimon…
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Allister Jones v. State, 821 So. 2d 473 (Fla. 4th DCA 2002)…e instant ease is of an entirely different order. Unlike Harris, the prosecutor was referring to what Jones’s knew as he was “sitting there,” i.e., at trial, and not how he may have acted, or what he may have said, at another time. Cf. State v. Dix, 723 So. 2d 351 (Fla. 5th DCA 1998)(prosecutor’s comment regarding defendant’s prior admission he had a “beef’ with victim was offered to refute self-defense asserted by defense counsel in opening statement and did not impermissibly refer to absence of testimony by…1 / 2
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- A.R. v. State, 702 So. 2d 604 (Fla. 1st DCA 1997)