Florida District Courts of Appeal, 2014

State v. Daniels

State v. Daniels
Florida District Courts of Appeal · Decided October 24, 2014 · Crenshaw, Silberman, Villanti
149 So. 3d 1175; 2014 Fla. App. LEXIS 17305; 2014 WL 5394505 (Southern Reporter, Third Series)

State v. Daniels

Opinion of the Court

CRENSHAW, Judge.

The State appeals the downward departure sentence imposed on John Craig Anthony Daniels after he entered an open plea of nolo contendere to one count each of criminal mischief, burglary of a structure, resisting arrest 'without violence, and possession of drug paraphernalia. Daniels was sentenced to time served for each count, except for burglary of a structure, for which he received a sentence of 42 months’ prison. His sentencing scoresheet indicated the lowest permissible sentence was 53.1 months’ prison. The State argues, and Daniels concedes, that the trial court improperly imposed a downward departure sentence, based on an alleged “legitimate, uncoerced plea bargain,” since the State was not a party to any plea bargain with Daniels. See § 921.0026(2)(a), Fla. Stat. (2011); State v. Laperreri, 710 So.2d 119, 120 (Fla. 2d DCA 1998). We agree.

Because the trial court did not provide a valid ground for departure, we reverse Daniels’ sentence and remand for further proceedings. See Jackson v. State, 64 So.3d 90, 93 (Fla. 2011). On remand, Daniels is not precluded from filing a motion to withdraw his plea if there is a valid basis for him to do so. See State v. Isom, 36 So.3d 936, 937 (Fla. 2d DCA 2010).

Reversed and remanded.

SILBERMAN and VILLANTI, JJ., Concur.

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