MARK PETERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2000-03-03
No. 5D99-3648
HARRIS and THOMPSON, JJ., concur.
752 So. 2d 114 Florida District Court of Appeal, Fifth District (2000) Positive Treatment
Cited by 5 cases


Opinion of the Court
W. SHARP, J.

Peterson filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence because the trial court imposed a departure sentence without giving written reasons. The trial court summarily denied the motion. We affirm.

The record attached clearly refutes Peterson’s claim. The guidelines scoresheet in the record indicates the parties stipulated to an upward departure sentence, pursuant to a negotiated plea because the defendant, Peterson, had engaged in a “crime spree.” A plea bargain is a valid ground for departure. Jauregui v. State 652 So. 2d 898 (Fla. 3d DCA 1995); State v. Jordan, 630 So. 2d 1171 (Fla. 5th DCA 1993).

In addition, the sentence which Peterson received does not exceed the statutory maximum for the crimes to which he entered his guilty plea. See State v. Moten, 698 So. 2d 1345 (Fla. 5th DCA 1997).

AFFIRMED.

HARRIS and THOMPSON, JJ., concur.


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  • State v. Robinson, 756 So. 2d 249 (Fla. 5th DCA 2000)
    …icer who made the stop as whether the officer would have stopped another vehicle for that infraction and whether he and the canine unit were on a hunt for suspected drug dealers is not relevant under the controlling case law. See State v. Chambliss, 752 So. 2d 114 (Fla. 5th DCA 2000). Once Robinson was legally stopped, the use of a drug-sniffing dog is not an- unconstitutional search under the fourth amendment. State v. Brooks, 662 So. 2d 440 (Fla. 5th DCA 1995) (Sharp, W., J., dissenting); State v. Bass, 60…
  • State v. K.V., 821 So. 2d 1127 (Fla. 4th DCA 2002)
    …burnt marijuana “unquestionably” provides probable cause not only to conduct a stop of a vehicle, but also to search the entire passenger compartment and each of its occupants. See State v. Betz, 815 So. 2d 627 (Fla.2002); accord State v. Chambliss, 752 So. 2d 114, 115 (Fla. 5th DCA 2000). Here, the tip from the security guard, the smoke billowing out of the car, and the smell of burning marijuana gave Deputy Vazquez ample probable cause to arrest the occupants and search both their persons and the vehicle.…
  • State v. Williams, 967 So. 2d 941 (Fla. 1st DCA 2007)
    …d actual or constructive possession of marijuana. The existence of probable cause to believe that the driver of the automobile was in possession of the marijuana was particularly apparent. (Citations omitted). More recently, in State v. Chambliss, 752 So. 2d 114 (Fla. 5th DCA 2000), the Fifth District held that “the odor of burning marijuana alone provided probable cause to search the defendant.” Id. Like the present case, in Chambliss the police officer initiated a traffic stop “because the tag did not mat…

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