State v. Mayo

The state appeals the trial court’s downward departure sentence imposed on Jeffrey Mayo after he entered a plea of nolo contendere to I) dealing in cocaine and II) resisting without violence. We reverse.

Mayo’s plea agreement provided for an open plea and a guideline recommended range of between 29.86 months and 30 years. The court heard testimony on the issue of remorse and orally pronounced sentence of 29.85 months. Mayo then cited State v. Northern, 503 So.2d 1001 (Fla. 4th DCA 1987) as support for a downward departure because his crime involved only $20 of crack cocaine. Northern is no…