State v. Fender

District Court of Appeal of Florida

State v. Fender

764 So. 2d 837, 2000 Fla. App. LEXIS 9774, 2000 WL 1062195

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 2000

DocketNo. 2D99-3642

StatusPublished

This text of 764 So. 2d 837 (State v. Fender) 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 v. Fender, 764 So. 2d 837, 2000 Fla. App. LEXIS 9774, 2000 WL 1062195 (Fla. Ct. App. 2000).

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Opinion

DAVIS, Judge.

The State appeals the trial court’s downward departure sentence. We reverse the sentence and remand for additional proceedings.

When the trial court imposed its downward departure sentence, it essentially ruled that the sentencing guidelines placed too much importance on Fender’s criminal record, and that a guidelines sentence would be excessive. Fender concedes that the trial court gave an invalid reason for departure. See State v. Moore, 702 So.2d 604, 605 (Fla. 2d DCA 1997). Because Fender relied on the trial court’s offer of a downward departure sentence in exchange for his no contest plea, the trial court may need to afford Fender the opportunity to withdraw his plea. See id.

Reversed and remanded for further proceedings consistent with this opinion.

PARKER, A.C.J., and NORTHCUTT, J., Concur.

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DAVIS, Judge.

The State appeals the trial court’s downward departure sentence. We reverse the sentence and remand for additional proceedings.

When the trial court imposed its downward departure sentence, it essentially ruled that the sentencing guidelines placed too much importance on Fender’s criminal record, and that a guidelines sentence would be excessive. Fender concedes that the trial court gave an invalid reason for departure. See State v. Moore, 702 So.2d 604, 605 (Fla. 2d DCA 1997). Because Fender relied on the trial court’s offer of a downward departure sentence in exchange for his no contest plea, the trial court may need to afford Fender the opportunity to withdraw his plea. See id.

Reversed and remanded for further proceedings consistent with this opinion.

PARKER, A.C.J., and NORTHCUTT, J., Concur.

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Bluebook (online)

764 So. 2d 837, 2000 Fla. App. LEXIS 9774, 2000 WL 1062195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fender-fladistctapp-2000.

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