State v. Kent

District Court of Appeal of Florida

State v. Kent

723 So. 2d 351, 1998 Fla. App. LEXIS 15890, 1998 WL 879007

CourtDistrict Court of Appeal of Florida

DecidedDecember 18, 1998

DocketNo. 98-01536

StatusPublished

Cited by1 cases

This text of 723 So. 2d 351 (State v. Kent) 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.

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State v. Kent, 723 So. 2d 351, 1998 Fla. App. LEXIS 15890, 1998 WL 879007 (Fla. Ct. App. 1998).

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Opinion

BLUE, Judge.

The State appeals a downward departure sentence. We agree that the trial court’s reasons for departure are neither valid nor supported by the record. Accordingly, we reverse. Because Stacy 0. Kent’s sentence was based on a plea agreement with the trial court, on remand Kent must be given the opportunity to withdraw her plea. If Kent does not withdraw her plea, the trial court shall impose a guidelines sentence. See State v. Moore, 702 So.2d 604 (Fla. 2d DCA 1997).

Reversed and remanded for resentencing.

CAMPBELL, AC.J., and NORTHCUTT, J., Concur.

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BLUE, Judge.

The State appeals a downward departure sentence. We agree that the trial court’s reasons for departure are neither valid nor supported by the record. Accordingly, we reverse. Because Stacy 0. Kent’s sentence was based on a plea agreement with the trial court, on remand Kent must be given the opportunity to withdraw her plea. If Kent does not withdraw her plea, the trial court shall impose a guidelines sentence. See State v. Moore, 702 So.2d 604 (Fla. 2d DCA 1997).

Reversed and remanded for resentencing.

CAMPBELL, AC.J., and NORTHCUTT, J., Concur.

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723 So. 2d 351, 1998 Fla. App. LEXIS 15890, 1998 WL 879007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kent-fladistctapp-1998.

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