State v. Kent

Florida District Courts of Appeal
State v. Kent, 723 So. 2d 351 (1998)
1998 Fla. App. LEXIS 15890; 1998 WL 879007
Blue, Campbell, Northcutt

State v. Kent

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.

Reference

Full Case Name
STATE of Florida v. Stacy O. KENT
Cited By
1 case
Status
Published