State v. Smith

District Court of Appeal of Florida

State v. Smith

23 So. 3d 229, 2009 Fla. App. LEXIS 19075, 2009 WL 4639636

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 2009

Docket3D08-2400

StatusPublished

Cited by2 cases

This text of 23 So. 3d 229 (State v. Smith) 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. Smith, 23 So. 3d 229, 2009 Fla. App. LEXIS 19075, 2009 WL 4639636 (Fla. Ct. App. 2009).

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Opinion

CORTIÑAS, J.

As in State v. Roberts, 963 So.2d 747 (Fla. 3d DCA 2007), State v. Green, 932 So.2d 365 (Fla. 3d DCA 2006), State v. Brownell, 922 So.2d 244 (Fla. 3d DCA 2006), and State v. Mendez, 835 So.2d 375 (Fla. 3d DCA 2003), we reverse the downward departure sentence entered pursuant to a court-initiated agreement with the defendant, in which the State did not participate, as it was unaccompanied by oral or written reasons justifying the departure. See State v. Barr, 947 So.2d 1277 (Fla. 3d DCA 2007); State v. Alma, 947 So.2d 637 (Fla. 3d DCA 2007); State v. Perez, 802 So.2d 1167 (Fla. 3d DCA 2001), review denied, 823 So.2d 125 (Fla.2002); State v. Paulk, 813 So.2d 152 (Fla. 3d DCA 2002), review denied, 832 So.2d 105 (Fla.2002).

The sentence is therefore reversed with directions to enter sentence within the *230 guidelines or to permit the defendant to withdraw his plea.

Reversed and remanded.

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CORTIÑAS, J.

As in State v. Roberts, 963 So.2d 747 (Fla. 3d DCA 2007), State v. Green, 932 So.2d 365 (Fla. 3d DCA 2006), State v. Brownell, 922 So.2d 244 (Fla. 3d DCA 2006), and State v. Mendez, 835 So.2d 375 (Fla. 3d DCA 2003), we reverse the downward departure sentence entered pursuant to a court-initiated agreement with the defendant, in which the State did not participate, as it was unaccompanied by oral or written reasons justifying the departure. See State v. Barr, 947 So.2d 1277 (Fla. 3d DCA 2007); State v. Alma, 947 So.2d 637 (Fla. 3d DCA 2007); State v. Perez, 802 So.2d 1167 (Fla. 3d DCA 2001), review denied, 823 So.2d 125 (Fla.2002); State v. Paulk, 813 So.2d 152 (Fla. 3d DCA 2002), review denied, 832 So.2d 105 (Fla.2002).

The sentence is therefore reversed with directions to enter sentence within the *230 guidelines or to permit the defendant to withdraw his plea.

Reversed and remanded.

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Bluebook (online)

23 So. 3d 229, 2009 Fla. App. LEXIS 19075, 2009 WL 4639636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-fladistctapp-2009.

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