State v. Glenn

This is a State appeal of a downward departure sentence. We reverse.

Defendant-appellee Melvin Glenn was on probation in Miami-Dade County Circuit Court case number 06-37680 (“the 2006 case”), for aggravated stalking and other offenses. He was charged in Miami-Dade County Circuit Court case number 07-19014 (“the 2007 case”) with grand theft of an automobile. The grand theft charge also provided the basis for an affidavit of violation of probation in the 2006 case.

Over State objection, the trial court offered, and the defendant accepted, a plea agreement whereby the defendant would plead guilty…