Florida District Courts of Appeal, 1996

State v. Hale

Florida District Courts of Appeal · Decided October 30, 1996 · Altenbernd, Blue, Fulmer

682 So. 2d 613; 1996 Fla. App. LEXIS 11380; 1996 WL 625533 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Dozier v. State (Fla. Dist. Ct. App. 2004)
Bailey v. DEPT. OF HEALTH & REHABILITATIVE (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BLUE, Judge.

The State appeals the sentence imposed upon Ralph Hale, asserting that the trial court failed to follow the negotiated plea agreement. The State and Hale had entered into a plea agreement that called for a downward departure from the sentencing guidelines; however, the court did not impose the agreed upon sentence and instead imposed a different departure sentence. Because Hale’s actual sentence was not the result of a legitimate plea bargain, the written departure reason is not supported by the record. Accordingly, we reverse and remand with directions to the trial court to either impose the sentence negotiated between Hall and the State or allow Hale to withdraw his plea.

Reversed and remanded.

ALTENBERND, A.C.J., and FULMER, J., concur.

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