THE STATE OF FLORIDA, APPELLANT,

v.

WALLACE EDWARD JOHNSON, APPELLEE

Citator

Cited By

• State v. Geronimo Mendez, 835 So. 2d 375 (Fla. 3d DCA 2003)
  …over the objection1 of the state is vacated. State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002), review denied, 832 So. 2d 105 (Fla.2002); State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001), review denied, 823 So. 2d 125 (Fla.2002); State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001). The cause is remanded for resen-tencing or, at the option of the defendant, withdrawal of the plea and further proceedings consistent therewith. . We do not agree that the objection was not sufficiently asserted below.…
• State v. Canty, 858 So. 2d 367 (Fla. 3d DCA 2003)
  …unty Circuit Court case number 02-6461. We therefore return the case to the trial court for resentencing, or alternatively, with leave for the defendant to withdraw his plea. See State v. Roberts, 824 So. 2d 908 (Fla. 3d DCA 2002); State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001); State v. Ford, 739 So. 2d 629 (Fla. 3d DCA 1999). Reversed and remanded.…
• State v. O'Neal Bryant, 882 So. 2d 401 (Fla. 3d DCA 2004)
  …either oral or written reasons. As the State correctly argues, the trial court reversibly erred by failing to provide either oral or written reasons for the downward departure. State v. White, 842 So. 2d 257 (Fla. 1st DCA 2003); State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001). As such, “we reverse the downward departure sentence and remand with instructions to allow the defendant to either withdraw his plea and proceed to trial or be re-sentenced pursuant to the guidelines. Our ruling is without prejud…

Authorities Cited

• Branam v. State, 554 So. 2d 512 (Fla. 1990)
• State v. Colbert, 660 So. 2d 701 (Fla. 1995)
• Jones v. State, 639 So. 2d 28 (Fla. 1994)