State v. Lund

District Court of Appeal of Florida

State v. Lund

919 So. 2d 503, 2005 Fla. App. LEXIS 18787, 2005 WL 3182148

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 2005

DocketNo. 3D05-1272

StatusPublished

This text of 919 So. 2d 503 (State v. Lund) 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. Lund, 919 So. 2d 503, 2005 Fla. App. LEXIS 18787, 2005 WL 3182148 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

The State appeals a downward departure sentence. The trial court sentenced the defendant to 366 days as a habitual violent felony offender with credit for time served. The State objected on the ground that the sentence fell below the sentencing guidelines. We reverse because the downward departure sentence was not supported by any written reasons, and the oral reasons given were legally insufficient. See § 921.0026, Fla. Stat. (2003); State v. Perez, 802 So.2d 1167 (Fla. 3d DCA 2001).

Accordingly, we vacate the sentence and remand for the trial court to resentence the defendant, or allow the defendant the opportunity to withdraw his plea and proceed to trial. State v. Meyers, 708 So.2d 661 (Fla. 3d DCA 1998).

Sentence vacated, reversed and remanded.

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PER CURIAM.

The State appeals a downward departure sentence. The trial court sentenced the defendant to 366 days as a habitual violent felony offender with credit for time served. The State objected on the ground that the sentence fell below the sentencing guidelines. We reverse because the downward departure sentence was not supported by any written reasons, and the oral reasons given were legally insufficient. See § 921.0026, Fla. Stat. (2003); State v. Perez, 802 So.2d 1167 (Fla. 3d DCA 2001).

Accordingly, we vacate the sentence and remand for the trial court to resentence the defendant, or allow the defendant the opportunity to withdraw his plea and proceed to trial. State v. Meyers, 708 So.2d 661 (Fla. 3d DCA 1998).

Sentence vacated, reversed and remanded.

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919 So. 2d 503, 2005 Fla. App. LEXIS 18787, 2005 WL 3182148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lund-fladistctapp-2005.

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