Florida District Courts of Appeal, 1998

State v. Kent

Florida District Courts of Appeal · Decided December 18, 1998 · Blue, Campbell, Northcutt

723 So. 2d 351; 1998 Fla. App. LEXIS 15890; 1998 WL 879007 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Dix (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 a downward departure sentence. We agree that the trial court’s reasons for departure are neither valid nor supported by the record. Accordingly, we reverse. Because Stacy 0. Kent’s sentence was based on a plea agreement with the trial court, on remand Kent must be given the opportunity to withdraw her plea. If Kent does not withdraw her plea, the trial court shall impose a guidelines sentence. See State v. Moore, 702 So.2d 604 (Fla. 2d DCA 1997).

Reversed and remanded for resentencing.

CAMPBELL, AC.J., and NORTHCUTT, J., Concur.

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