State v. Pennington

District Court of Appeal of Florida

State v. Pennington

667 So. 2d 483, 1996 Fla. App. LEXIS 625, 1996 WL 39585

District Court of Appeal of Florida·Decided February 2, 1996·No. No. 95-01978·Published

Opinion

BLUE, Acting Chief Judge.

The State appeals the downward departure sentence imposed on Lisa Pennington. We agree with the State’s argument that the sentence must be reversed because the trial court failed to provide written reasons in support of the departure sentence. Because we are reversing a sentence that was based on a plea agreement with the trial judge, Pennington must be given an opportunity to withdraw her plea. See State v. Scott, 611 So.2d 596 (Fla. 2d DCA 1993). Accordingly, we reverse Pennington’s departure sentence and remand for further proceedings.

LAZZARA and WHATLEY, JJ., concur.

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BLUE, Acting Chief Judge.

The State appeals the downward departure sentence imposed on Lisa Pennington. We agree with the State’s argument that the sentence must be reversed because the trial court failed to provide written reasons in support of the departure sentence. Because we are reversing a sentence that was based on a plea agreement with the trial judge, Pennington must be given an opportunity to withdraw her plea. See State v. Scott, 611 So.2d 596 (Fla. 2d DCA 1993). Accordingly, we reverse Pennington’s departure sentence and remand for further proceedings.

LAZZARA and WHATLEY, JJ., concur.

State v. Pennington, 667 So. 2d 483, 1996 Fla. App. LEXIS 625, 1996 WL 39585 (Fla. Ct. App. 1996).

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Opinion

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