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State v. Harrell

933 So. 2d 1243, 2006 Fla. App. LEXIS 11955, 2006 WL 2000115
CourtDistrict Court of Appeal of Florida
DecidedJuly 19, 2006
DocketNos. 3D05-2145, 3D05-2144
StatusPublished

This text of 933 So. 2d 1243 (State v. Harrell) 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. Harrell, 933 So. 2d 1243, 2006 Fla. App. LEXIS 11955, 2006 WL 2000115 (Fla. Ct. App. 2006).

Opinion

PER CURIAM.

The State of Florida (“State”), appeals the trial court’s downward departure sentence. The State asserts that the trial court erred in issuing a downward departure sentence without legal justification. The appellee commendably concedes error, and we agree. See § 921.0026, Fla. Stat. (2005); State v. Subido, 925 So.2d 1052, 1057 (Fla. 5th DCA 2006); State v. Ford, 739 So.2d 629 (Fla. 3d DCA 1999); State v. Ashley, 549 So.2d 226 (Fla. 3d DCA 1989).

Accordingly, we reverse and remand for re-sentencing. On remand, Harrell shall have the opportunity to withdraw his plea if he so desires.

Reversed and remanded.

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Related

State v. Subido
925 So. 2d 1052 (District Court of Appeal of Florida, 2006)
State v. Ford
739 So. 2d 629 (District Court of Appeal of Florida, 1999)
State v. Ashley
549 So. 2d 226 (District Court of Appeal of Florida, 1989)

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Bluebook (online)
933 So. 2d 1243, 2006 Fla. App. LEXIS 11955, 2006 WL 2000115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harrell-fladistctapp-2006.