Buckner v. State

Appellant asserts, and the State concedes, the trial court made two errors below. First, the record does not support the court’s cited reason for imposing a departure sentence. See Firkey v. State, 593 So.2d 1155 (Fla. 4th DCA 1992) (holding the type of trauma that usually results from being a victim of a crime may not be used to justify departure). Second, the amended judgment contains several errors, including: it erroneously reflects that Count II is a second-degree felony when it is actually a third-degree felony; it states the appellant pled nolo contendere to Count IV instead of stating…