STATE OF FLORIDA, APPELLANT,
v.
JOHN CRAIG ANTHONY DANIELS, APPELLEE
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The State appeals the downward departure sentence imposed on John Craig Anthony Daniels after he entered an open plea of nolo contendere to one count each of criminal mischief, burglary of a structure, resisting arrest 'without violence, and possession of drug paraphernalia. Daniels was sentenced to time served for each count, except for burglary of a structure, for which he received a sentence of 42 months’ prison. His sentencing scoresheet indicated the lowest permissible sentence was 53.1 months’ prison. The State argues, and Daniels concedes, that the trial court improperly imposed a downward departure sentence, based on an alleged “legitimate, uncoerced plea bargain,” since the State was not a party to any plea bargain with Daniels. See § 921.0026(2)(a), Fla. Stat. (2011); State v. Laperreri, 710 So.2d 119, 120 (Fla. 2d DCA 1998). We agree.
Because the trial court did not provide a valid ground for departure, we reverse Daniels’ sentence and remand for further proceedings. See Jackson v. State, 64 So.3d 90, 93 (Fla.2011). On remand, Daniels is not precluded from filing a motion to withdraw his plea if there is a valid basis for him to do so. See State v. Isom, 36 So.3d 936, 937 (Fla. 2d DCA 2010).
Reversed and remanded.
SILBERMAN and VILLANTI, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Saunders, 46 Fla. L. Weekly D995 (Fla. 2d DCA 2021)…as evidenced by the State's objection to the sentences. The record clearly reflects that the State did not agree to sentences of time-served; therefore, there was no plea agreement upon which to base the departure sentences. See State v. Daniels, 149 So. 3d 1175, 1176 (Fla. 2d DCA 2014). The State also correctly points out that Saunders presented no evidence in support of departure sentences. The extent of Saunders' argument was "we're asking for time served today." "Where a defendant presents no evidence…
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State v. Saunders, 46 Fla. L. Weekly D995 (Fla. 2d DCA 2021)…as evidenced by the State's objection to the sentences. The record clearly reflects that the State did not agree to sentences of time-served; therefore, there was no plea agreement upon which to base the departure sentences. See State v. Daniels, 149 So. 3d 1175, 1176 (Fla. 2d DCA 2014). The State also correctly points out that Saunders presented no evidence in support of departure sentences. The extent of Saunders' argument was "we're asking for time served today." "Where a defendant presents no evidence…
Authorities Cited
- Jackson v. State, 64 So. 3d 90 (Fla. 2011)
- State v. Laperreri, 710 So. 2d 119 (Fla. 2d DCA 1998)
- State v. Chance Marshall Isom, 36 So. 3d 936 (Fla. 2d DCA 2010)