State v. Preston

District Court of Appeal of Florida

State v. Preston

622 So. 2d 169, 1993 Fla. App. LEXIS 8435, 1993 WL 309155

CourtDistrict Court of Appeal of Florida

DecidedAugust 11, 1993

DocketNo. 92-04175

StatusPublished

Cited by2 cases

This text of 622 So. 2d 169 (State v. Preston) 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. Preston, 622 So. 2d 169, 1993 Fla. App. LEXIS 8435, 1993 WL 309155 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The state appeals the downward departure sentence imposed upon the appellee, Clarence L. Preston, after he pled guilty to third degree felony petit theft. We reverse.

The trial court’s stated reason for the downward departure was the minimal value of the property taken. This reason is an invalid basis for downward departure. State v. Lisk, 523 So.2d 1260 (Fla. 2d DCA 1988), rev. denied, 531 So.2d 168 (Fla.1988).

Since the reason for departure is invalid, we reverse the sentence. On remand, however, the appellee should be given an opportunity to withdraw his plea because the record indicates he entered the plea in exchange for the departure sen-[170]*170tenee he received. State v. Brown, 542 So.2d 1371 (Fla. 4th DCA 1989).

Reversed and remanded.

FRANK, C.J., and SCHOONOVER and PATTERSON, JJ., concur.

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