THE STATE OF FLORIDA, APPELLANT,
v.
ALFONSO LEYVA, APPELLEE

Fla. 3d DCA | 2009-12-09
No. 3D09-1071
Before COPE, GERSTEN, and LAGOA, JJ.
23 So. 3d 229 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

While sympathetic to the trial court’s desire to impose what the court felt was a fair sentence under the circumstance of this case, the fact remains that this is a downward departure sentence imposed over State objection without downward departure reasons. We are obliged to reverse. State v. Green, 932 So.2d 365 (Fla. 3d DCA 2006).

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  • State v. Shamichael Juliet Johnson, 193 So. 3d 32 (Fla. 3d DCA 2016)
    …d 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. See Banks v. State, 732 So. 2d 1065, 1068 (Fla.1999); St…
  • State v. Malloy, 23 So. 3d 1292 (Fla. 3d DCA 2010)
    …DCA 2008); State v. Watson, 971 So. 2d 946, 947 (Fla. 3d DCA 2007). Hence, the departure sentence is vacated and the cause is remanded with directions to enter a guideline sentence or to permit the defendant to withdraw her plea. See State v. Smith, 23 So. 3d 229 (Fla. 3d DCA 2009); State v. Armenteros, 19 So. 3d 432 (Fla. 3d DCA 2009). Reversed and remanded. . MS. BEIGEL [defense attorney]: At this point, I would just like to put on the record that my client said that she would like to counteroffer with c…

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