State v. Betancourt

This appeal by the State of Florida seeks reversal of a downward departure sentence imposed on the appellee, Manuel Betancourt, after his plea of no contest to the charge of traveling to meet a minor for an unlawful sexual act (Count 1), and four counts of solicitation of a minor via a computer. Because the basis for departure, a need for specialized medical treatment, was not supported by substantial, competent evidence, we reverse.

The written plea agreement entered into by Mr. Betancourt did not contain a sentence recommendation, but instead was an “open plea.” At the sentencing hearing the…