State v. Hepburn

District Court of Appeal of Florida

State v. Hepburn

48 So. 3d 1001, 2010 Fla. App. LEXIS 18346, 2010 WL 4903623

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 2010

DocketNo. 5D10-489

StatusPublished

Cited by1 cases

This text of 48 So. 3d 1001 (State v. Hepburn) 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. Hepburn, 48 So. 3d 1001, 2010 Fla. App. LEXIS 18346, 2010 WL 4903623 (Fla. Ct. App. 2010).

Pincite

Opinion

PER CURIAM.

After a plea, the trial court imposed a downward departure sentence over objection. The reasons given for the departure sentence are insufficient. See State v. Knox, 990 So.2d 665, 668 (Fla. 5th DCA 2008); State v. Sawyer, 753 So.2d 737, 738 (Fla. 2d DCA 2000); State v. Arvinger, 751 So.2d 74, 77 (Fla. 5th DCA 1999); State v. Collins, 482 So.2d 388, 389 (Fla. 5th DCA 1985).

Because the plea was induced by the trial court’s offer to impose the departure sentence, on remand, Appellee may elect to withdraw his plea. Otherwise, the trial court must resentence him and impose a guideline sentence.

REVERSED AND REMANDED.

GRIFFIN, TORPY and COHEN, JJ., concur.

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