THE STATE OF FLORIDA, APPELLANT,
v.
CALVIN BARR, APPELLEE
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ROTHENBERG, Judge.
In this consolidated appeal, The State of Florida (“State”) appeals the downward departure sentences imposed by the trial court, over State objection, in case numbers F04-37885 and F05-14. As the record reflects that the trial court failed to provide any reasons for its downward departure from the sentencing guidelines, either in writing or by orally pronouncing its reasons at sentencing, we reverse. See State v. Payne, 684 So. 2d 863, 864 (Fla. 2d DCA 1996)(holding that when a trial court enters a downward departure from the sentencing guidelines, it must provide valid written reasons for doing so); State v. Sherrill, 678 So. 2d 7, 7 (Fla. 3d DCA 1996)(same); see also Pease v. State, 712 So. 2d 374, 376-77 (Fla.1997)(holding that failure to provide valid written reasons for entering a departure downward from the sentencing guidelines may be affirmed if the trial court orally pronounces a valid basis for the sentence on the record).
Upon remand, the defendant may elect to withdraw his plea or be sentenced within the recommended sentencing guidelines.
Reversed and remanded.
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State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007)…ard departure sentence entered pursuant to a court-initiated agreement with the defendant in which the state did not participate, because it was (of course) unaccompanied by oral or written [*748] reasons justifying the departure. See State v. Barr, 947 So. 2d 1277 (Fla. 3d DCA 2007); State v. Ahua, 947 So. 2d 637 (Fla. 3d DCA 2007); State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001), review denied, 823 So. 2d 125 (Fla.2002); State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002), review denied, 832 So. 2d 105 (Fla…
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State v. Shamichael Juliet Johnson, 193 So. 3d 32 (Fla. 3d DCA 2016)…h five-years imprisonment followed by a four-year suspended sentence of probation for each of the sale of cocaine within 1000 feet of a place of worship offense. A downward departure sentence must be supported with valid reasons. See State v. Barr, 947 So. 2d 1277, 1278 (Fla. 3d DCA 2007); State v. Smith, 23 So. 3d 229 (Fla. 3d DCA 2009). The trial court must first determine whether there is a valid legal basis for its departure sentence that is supported with facts proven by a preponderance of the evidence.…
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State v. Maxie Smith, 23 So. 3d 229 (Fla. 3d DCA 2009)…), we reverse the downward departure sentence entered pursuant to a court-initiated agreement with the defendant, in which the State did not participate, as it was unaccompanied by oral or written reasons justifying the departure. See State v. Barr, 947 So. 2d 1277 (Fla. 3d DCA 2007); State v. Alma, 947 So. 2d 637 (Fla. 3d DCA 2007); State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001), review denied, 823 So. 2d 125 (Fla.2002); State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002), review denied, 832 So. 2d 105 (Fla…
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- Pease v. State, 712 So. 2d 374 (Fla. 1997)
- State v. Sherrill, 678 So. 2d 7 (Fla. 3d DCA 1996)
- State v. Payne, 684 So. 2d 863 (Fla. 2d DCA 1996)