State v. Weston

District Court of Appeal of Florida

State v. Weston

581 So. 2d 252, 1991 Fla. App. LEXIS 6092, 1991 WL 115612

CourtDistrict Court of Appeal of Florida

DecidedJune 26, 1991

DocketNo. 90-03709

StatusPublished

This text of 581 So. 2d 252 (State v. Weston) 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. Weston, 581 So. 2d 252, 1991 Fla. App. LEXIS 6092, 1991 WL 115612 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The state appeals from sentences which represent a downward departure from the guidelines. We reverse and remand for resentencing.

Mr. Weston pleaded guilty to three third-degree felonies, each of which carries a statutory five-year maximum sentence. The recommended sentencing guidelines range was 12 to 17 years’ incarceration. The trial court imposed three five-year sentences, to be served concurrently. The trial court stated that the sentences were not departures from the guidelines because the statutory maximum for each felony was five years.

Mr. Weston concedes that based upon Branam v. State, 554 So.2d 512 (Fla.1990), the sentences are departures from the guidelines and must be reversed. Because the trial court did not believe it was imposing a departure sentence, on remand it may provide written reasons for departure. See State v. Vanhorn, 561 So.2d 584 (Fla.1990). If the trial court finds it cannot provide valid reasons to depart from the guidelines, then Mr. Weston should be given the opportunity to withdraw his plea. See Johnson v. State, 547 So.2d 238 (Fla. 1st DCA 1989).

DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.

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PER CURIAM.

The state appeals from sentences which represent a downward departure from the guidelines. We reverse and remand for resentencing.

Mr. Weston pleaded guilty to three third-degree felonies, each of which carries a statutory five-year maximum sentence. The recommended sentencing guidelines range was 12 to 17 years’ incarceration. The trial court imposed three five-year sentences, to be served concurrently. The trial court stated that the sentences were not departures from the guidelines because the statutory maximum for each felony was five years.

Mr. Weston concedes that based upon Branam v. State, 554 So.2d 512 (Fla.1990), the sentences are departures from the guidelines and must be reversed. Because the trial court did not believe it was imposing a departure sentence, on remand it may provide written reasons for departure. See State v. Vanhorn, 561 So.2d 584 (Fla.1990). If the trial court finds it cannot provide valid reasons to depart from the guidelines, then Mr. Weston should be given the opportunity to withdraw his plea. See Johnson v. State, 547 So.2d 238 (Fla. 1st DCA 1989).

DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.

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581 So. 2d 252, 1991 Fla. App. LEXIS 6092, 1991 WL 115612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-weston-fladistctapp-1991.

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