Tirado v. State

The defendants Leonardo Tirado and Antonio Gonzalez appeal from two consecutive five-year sentences for two counts of grand theft. Both sentences constituted departures from the sentencing guidelines. The written reason given by the trial court for this departure was that the defendants had “waived [the sentencing] guidelines” in that they “refused to accept probation or community control.” We reverse and remand the cause for resentencing within the sentencing guidelines in accord with the written plea agreement entered into by the state and the defendants.

Under the terms of the written plea…