Cintron v. State

District Court of Appeal of Florida

Cintron v. State

583 So. 2d 410, 1991 Fla. App. LEXIS 7334, 1991 WL 138875

CourtDistrict Court of Appeal of Florida

DecidedJuly 31, 1991

DocketNo. 90-3365

StatusPublished

Cited by1 cases

This text of 583 So. 2d 410 (Cintron v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cintron v. State, 583 So. 2d 410, 1991 Fla. App. LEXIS 7334, 1991 WL 138875 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Juan Cintron pled nolo contendere to a charge of possession of contraband in a state correctional institution.

As conceded by the state, the trial court erred in scoring the defendant's prior conviction for first degree murder as a capital felony upon defendant’s sentencing guidelines scoresheet. See Section 921.001(4)(a), Florida Statutes (1989); Stuart v. State, 536 So.2d 363 (Fla. 2d DCA 1988).

Finally, we disagree with the state that the trial court can now depart upward from the sentencing guideline sentence. This is so because here there was a negotiated plea agreement between the parties to limit the sentence. Moreover, there was no departure originally and the trial court cannot now undertake to depart citing new reasons. See Shull v. Dugger, 515 So.2d 748 (Fla.1987); Wyche v. State, 576 So.2d 884 (Fla. 1st DCA 1991); Owens v. State, 563 So.2d 180 (Fla. 1st DCA 1990).

REVERSED AND REMANDED.

GLICKSTEIN, C.J., ANSTEAD, J., and JAMES H. WALDEN, Senior Judge, concur.

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