State v. Woods

District Court of Appeal of Florida

State v. Woods

714 So. 2d 1169, 1998 Fla. App. LEXIS 9504, 1998 WL 422171

CourtDistrict Court of Appeal of Florida

DecidedJuly 29, 1998

DocketNo. 97-05248

StatusPublished

This text of 714 So. 2d 1169 (State v. Woods) 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. Woods, 714 So. 2d 1169, 1998 Fla. App. LEXIS 9504, 1998 WL 422171 (Fla. Ct. App. 1998).

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Opinion

WHATLEY, Judge.

The State appeals the downward departure sentence imposed on James Woods. We reverse.

At the sentencing hearing, the trial court believed that Woods’ downward departure sentence was within the guidelines. Consequently, it provided no oral or written reasons for the departure. Woods correctly concedes that, because the trial court failed to provide reasons for the departure, his sentence must be reversed. See Franquiz v. State, 682 So.2d 636 (Fla.1996). On remand, the trial court should allow Woods the opportunity to withdraw his plea because it was based on a plea agreement with the court, or the trial court should sentence Woods within the guidelines. 682 So.2d at 538.

Judgments affirmed; sentences reversed with instructions.

THREADGILL, A.C.J., and GREEN, J., concur.

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WHATLEY, Judge.

The State appeals the downward departure sentence imposed on James Woods. We reverse.

At the sentencing hearing, the trial court believed that Woods’ downward departure sentence was within the guidelines. Consequently, it provided no oral or written reasons for the departure. Woods correctly concedes that, because the trial court failed to provide reasons for the departure, his sentence must be reversed. See Franquiz v. State, 682 So.2d 636 (Fla.1996). On remand, the trial court should allow Woods the opportunity to withdraw his plea because it was based on a plea agreement with the court, or the trial court should sentence Woods within the guidelines. 682 So.2d at 538.

Judgments affirmed; sentences reversed with instructions.

THREADGILL, A.C.J., and GREEN, J., concur.

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Bluebook (online)

714 So. 2d 1169, 1998 Fla. App. LEXIS 9504, 1998 WL 422171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-woods-fladistctapp-1998.

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