THE STATE OF FLORIDA, APPELLANT,
v.
KEITH CANTY, APPELLEE
PER CURIAM.
The State appeals a downward departure sentence. We reverse.
Assuming for present purposes that the downward departure reasons given by the trial court were valid for Miami-Dade County Circuit Court case number 01-34599, those reasons have no apparent relationship to the other crime with which defendant-appellant Canty was charged, grand theft of a vehicle, in Miami-Dade County 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.
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Viera v. State, 35 So. 3d 1005 (Fla. 3d DCA 2010)…year mandatory minimum) which was imposed after the trial which followed the defendant’s rejection of the offer, we must conclude that the sentence was, in legal parlance, “vindictive,” requiring resentencing by another judge. See Brandful v. State, 858 So. 2d 367 (Fla. 3d DCA 2003); Compare Ducksworth v. State, 26 So. 3d 74 (Fla. 3d DCA 2010). Affirmed in part, vacated in part, and remanded.…
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- State v. Roberts, 824 So. 2d 908 (Fla. 3d DCA 2002)
- State v. Colin Lincoln Ford, 739 So. 2d 629 (Fla. 3d DCA 1999)
- State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001)