State v. Whipple

Herbert Whipple, the defendant, was convicted of purchasing cocaine within 1000 feet of an elementary school. The recom*1102mended sentencing guideline range was seven to nine years in prison, with a permitted range of five and one-half to twelve years. The defendant entered a plea of “no contest.” However, it is unclear from the record whether the defendant’s plea was entered pursuant to any plea agreement with the trial court.

The trial judge sentenced the defendant to two days in the Dade County Jail and gave him credit for time served. As support for the departure, the trial judge orally stated…