State v. Nelson

The state appeals a downward departure sentence imposed upon remand for resentencing. In State v. Nelson, 715 So.2d 1045 (Fla. 4th DCA 1998), rev. denied, 729 So.2d 394 (Fla.1999), the state appealed a downward departure sentence imposed after the defendant entered an open guilty plea to violations of community control. We remanded this case for the trial court to conduct further proceedings to determine whether the valid reasons given by the trial court for departure, i.e., Barbera or drug treatment, were supported by competent substantial evidence. We noted that the downward departure…