THE STATE OF FLORIDA, APPELLANT,
v.
KATHY ROBERTS, APPELLEE
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PER CURIAM.
The State appeals from the imposition of a downward departure sentence in a case in which the defendant pled guilty to the offense of selling cocaine to a police officer. Because there were no valid reasons for departure, we reverse. See Atwaters v. State, 519 So. 2d 611 (Fla.1988) (holding that the quantity of drugs may not be used to support a departure); State v. Ford, 739 So. 2d 629 (Fla. 3d DCA 1999) (holding that a defendant’s substance abuse or addiction does not justify a downward departure). As we think that the State’s objection was sufficiently specific to advise the court of the alleged error, we are not persuaded by the defendant’s contention that the issue was not preserved. State v. Paulk, 813 So. 2d 152, 154 (Fla. 3d DCA 2002).
Accordingly, we reverse and vacate the downward departure sentence and remand to allow the defendant to withdraw her plea and go to trial, or be resentenced within the guidelines.
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Doorbal v. State, 983 So. 2d 464 (Fla. 2008)…vor. He may do so in any number of ways short of agreeing to undertake all of the acts necessary for the crime’s completion. One can be a conspirator by agreeing to facilitate only some of the acts leading to the substantive offense. Mese v. State, 824 So. 2d 908, 913 (Fla. 3d DCA 2002) (quoting Salinas v. United States, 522 U.S. 52, 65, 118 S.Ct. 469, 139 L.Ed.2d 352 (1997)). Moreover, the United States Supreme Court has held that [*493] “[i]f conspirators have a plan which calls for some conspirators to pe…
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Lugo v. State, 2 So. 3d 1 (Fla. 2008)…, he thought that the story was unbelievable and told DuBois that he (Wells) would need to speak with Schiller in person before he would pursue an investigation. Thus, appellate counsel was aware of this alleged omission. Further, in Mese v. State, 824 So. 2d 908, 919 (Fla. 3d DCA 2002), a dissenting opinion noted that the police initially did not believe Schiller’s explanation of what had occurred: Schiller decided in April 1995 to report the crime to the police, but after meeting with an investigative off…
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State v. Brownell, 922 So. 2d 244 (Fla. 3d DCA 2006)…trial judge to the downward departure along with the information provided by the State to the trial court of the lowest permissible sentence were sufficient to preserve the objection to the downward departure for appellate review. State v. Roberts, 824 So. 2d 908 (Fla. 3d DCA 2002); State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002); State v. Barnes, 753 So. 2d 605 (Fla. 2d DCA 2000). Since the trial judge failed to state any reason for the downward departure, either orally or in writing, the conviction and…
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- Atwaters v. State, 519 So. 2d 611 (Fla. 1988)
- State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002)
- State v. Colin Lincoln Ford, 739 So. 2d 629 (Fla. 3d DCA 1999)