State v. Hale

District Court of Appeal of Florida

State v. Hale

682 So. 2d 613, 1996 Fla. App. LEXIS 11380, 1996 WL 625533

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 1996

DocketNo. 95-03803

StatusPublished

Cited by2 cases

This text of 682 So. 2d 613 (State v. Hale) 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. Hale, 682 So. 2d 613, 1996 Fla. App. LEXIS 11380, 1996 WL 625533 (Fla. Ct. App. 1996).

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Opinion

BLUE, Judge.

The State appeals the sentence imposed upon Ralph Hale, asserting that the trial court failed to follow the negotiated plea agreement. The State and Hale had entered into a plea agreement that called for a downward departure from the sentencing guidelines; however, the court did not impose the agreed upon sentence and instead imposed a different departure sentence. Because Hale’s actual sentence was not the result of a legitimate plea bargain, the written departure reason is not supported by the record. Accordingly, we reverse and remand with directions to the trial court to either impose the sentence negotiated between Hall and the State or allow Hale to withdraw his plea.

Reversed and remanded.

ALTENBERND, A.C.J., and FULMER, J., concur.

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BLUE, Judge.

The State appeals the sentence imposed upon Ralph Hale, asserting that the trial court failed to follow the negotiated plea agreement. The State and Hale had entered into a plea agreement that called for a downward departure from the sentencing guidelines; however, the court did not impose the agreed upon sentence and instead imposed a different departure sentence. Because Hale’s actual sentence was not the result of a legitimate plea bargain, the written departure reason is not supported by the record. Accordingly, we reverse and remand with directions to the trial court to either impose the sentence negotiated between Hall and the State or allow Hale to withdraw his plea.

Reversed and remanded.

ALTENBERND, A.C.J., and FULMER, J., concur.

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Bluebook (online)

682 So. 2d 613, 1996 Fla. App. LEXIS 11380, 1996 WL 625533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hale-fladistctapp-1996.

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