State v. Johnson

The State of Florida appeals from the downward departure sentence imposed upon the defendant below, Kirk Johnson. We agree with the State’s contention that the three reasons set forth for the downward departure were either invalid, State v. Smallwood, 664 So.2d 309 (Fla. 5th DCA 1995)(holding that a downward departure based on a legitimate, uncoerced plea is not justified where the plea agreement is between the defendant and the court without the State’s agreement), or unsupported by a preponderance of the evidence. § 921.001(4)(a)(6), Fla.Stat. (1995).

Accordingly, the downward departure…