STATE OF FLORIDA, APPELLANT,
v.
ROBERT FENDER, APPELLEE

Fla. 2d DCA | 2000-08-04
No. 2D99-3642
PARKER, A.C.J., and NORTHCUTT, J., Concur.
764 So. 2d 837 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 2 cases
Topics
No Contest Plea Downward Departure Sentence Sentencing Guidelines

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

The State appeals the trial court’s downward departure sentence. We reverse the sentence and remand for additional proceedings.

When the trial court imposed its downward departure sentence, it essentially ruled that the sentencing guidelines placed too much importance on Fender’s criminal record, and that a guidelines sentence would be excessive. Fender concedes that the trial court gave an invalid reason for departure. See State v. Moore, 702 So. 2d 604, 605 (Fla. 2d DCA 1997). Because Fender relied on the trial court’s offer of a downward departure sentence in exchange for his no contest plea, the trial court may need to afford Fender the opportunity to withdraw his plea. See id.

Reversed and remanded for further proceedings consistent with this opinion.

PARKER, A.C.J., and NORTHCUTT, J., Concur.

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Citator

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  • Sagner v. State, 791 So. 2d 1156 (Fla. 4th DCA 2001)
    …ed victim). In several cases, our courts have recognized the doctrine of transferred intent in aggravated battery prosecutions but held that it was inapplicable to enhance the severity of the crime against an unintended victim. See B.L.L. v. State, 764 So. 2d 837 (Fla. 2d DCA 2000)(where defendant intended to hit a fellow student and not a school employee, the defendant could only be adjudicated of simple battery); V.M. v. State, 729 So. 2d 428 (Fla. 1st DCA 1999)(doctrine of transferred intent did not opera…
  • S.G. v. State, 29 So. 3d 383 (Fla. 5th DCA 2010)
    …ictim. Mordica, v. State, 618 So. 2d 301, 304 (Fla. 1st DCA 1993). However, Florida courts have expressly held that the transferred intent doctrine is inapplicable to enhance the severity of a crime against an unintended victim. See B.L.L. v. State, 764 So. 2d 837, 838 (Fla. 2d DCA 2000) (holding that transferred intent was not applicable when a student intended to strike a fellow student, but instead struck a school employee); D.J. v. State, 651 So. 2d 1255, 1256 (Fla. 1st DCA 1995) (explaining that “only th…

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