Florida District Courts of Appeal, 2016

State v. Linwood Bowser

State v. Linwood Bowser
Florida District Courts of Appeal · Decided October 28, 2016 · Sawaya, Berger, Wallis
202 So. 3d 466; 2016 Fla. App. LEXIS 16038 (Southern Reporter, Third Series)

State v. Linwood Bowser

Opinion

PER CURIAM.

The State appeals a downward departure sentence imposed after the defendant, Linwood Bowser, entered a plea of guilty. The State contends that the trial court erred in ordering the downward departure sentence based on a plea offer previously revoked by the State. We agree that a previously revoked plea offer does not constitute a sufficient ground for departure. See State v. Watson, 971 So.2d 946, 948 (Fla. 3d DCA 2007); see also State v. Lago, 990 So.2d 597, 699 (Fla. 3d DCA 2008). Therefore, we vacate the departure sentence and remand for resentencing within the guidelines. In the alternative, Bowser may be allowed to withdraw his plea. See Watson, 971 So.2d at 948.

REVERSED and REMANDED.

SAWAYA, BERGER and WALLIS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.