State of Florida v. Dylan Ray Stewart

District Court of Appeal of Florida

State of Florida v. Dylan Ray Stewart

226 So. 3d 1086, 2017 WL 4411936

CourtDistrict Court of Appeal of Florida

DecidedOctober 5, 2017

DocketCASE NO. 1D16-4123

StatusPublished

This text of 226 So. 3d 1086 (State of Florida v. Dylan Ray Stewart) 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.

Bluebook

State of Florida v. Dylan Ray Stewart, 226 So. 3d 1086, 2017 WL 4411936 (Fla. Ct. App. 2017).

Pincite

Opinion

PER CURIAM.

The State appeals a downward departure sentence imposed by the trial court after Appellee entered an unconditional nolo contendere plea to multiple counts in five separate cases. The State argues, and Appellee concedes, that the statutory-grounds relied upon by the trial court for the downward departure sentence were not supported by competent substantial evidence. Nevertheless, Appellee argues that we should affirm his sentence because the record contains evidence of a non-statutory ground for a downward departure sentence. We reject this tipsy-coachman argument because the ground asserted by Appellee on appeal was not discussed below and, thus, the State did not have an opportunity to rebut or oppose this ground. See State v. Hodges, 151 So.3d 531, 536 (Fla. 3d DCA 2014).

Accordingly, we reverse Appellee’s sentence and remand for resentencing at which the trial court may again impose a downward departure sentence if there is evidence to support a legally-valid ground. See Bryant v. State, 148 So.3d 1251, 1258 (Fla. 2014). However, because Appellee pled unconditionally to the offenses, he has no basis upon which to seek to withdraw his plea. See State v. Jerry, 19 So.3d 1167 (Fla. 1st DCA 2009).

REVERSED and REMANDED for re-sentencing.

ROBERTS, WETHERELL, and ROWE, JJ., CONCUR.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The State appeals a downward departure sentence imposed by the trial court after Appellee entered an unconditional nolo contendere plea to multiple counts in five separate cases. The State argues, and Appellee concedes, that the statutory-grounds relied upon by the trial court for the downward departure sentence were not supported by competent substantial evidence. Nevertheless, Appellee argues that we should affirm his sentence because the record contains evidence of a non-statutory ground for a downward departure sentence. We reject this tipsy-coachman argument because the ground asserted by Appellee on appeal was not discussed below and, thus, the State did not have an opportunity to rebut or oppose this ground. See State v. Hodges, 151 So.3d 531, 536 (Fla. 3d DCA 2014).

Accordingly, we reverse Appellee’s sentence and remand for resentencing at which the trial court may again impose a downward departure sentence if there is evidence to support a legally-valid ground. See Bryant v. State, 148 So.3d 1251, 1258 (Fla. 2014). However, because Appellee pled unconditionally to the offenses, he has no basis upon which to seek to withdraw his plea. See State v. Jerry, 19 So.3d 1167 (Fla. 1st DCA 2009).

REVERSED and REMANDED for re-sentencing.

ROBERTS, WETHERELL, and ROWE, JJ., CONCUR.

Cite This Page — Counsel Stack

Bluebook (online)

226 So. 3d 1086, 2017 WL 4411936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-florida-v-dylan-ray-stewart-fladistctapp-2017.

Opinion

Related

Cite This Page — Counsel Stack