State v. Mendez
This text of 835 So. 2d 375 (State v. Mendez) 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.
Opinion
The STATE of Florida, Appellant,
v.
Geronimo MENDEZ, Appellee.
District Court of Appeal of Florida, Third District.
Charlie Crist, Attorney General and Steven R. Parrish, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender and Robert Godfrey, Assistant Public Defender, for appellee.
Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.
PER CURIAM.
The downward departure sentence entered on the basis of a plea agreement with the trial court alone without the concurrence and over the objection[1] of the state is vacated. State v. Paulk, 813 So.2d 152 (Fla. 3d DCA 2002), review denied, 832 So.2d 105 (Fla.2002); State v. Perez, 802 So.2d 1167 (Fla. 3d DCA 2001), review denied, 823 So.2d 125 (Fla.2002); State v. Johnson, 796 So.2d 1213 (Fla. 3d DCA 2001). The cause is remanded for resentencing or, at the option of the defendant, withdrawal of the plea and further proceedings consistent therewith.
NOTES
[1] We do not agree that the objection was not sufficiently asserted below.
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835 So. 2d 375, 2003 WL 183620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mendez-fladistctapp-2003.