Legal Opinion
State v. PITA
District Court of Appeal of Florida
Decided February 2, 2011No. 3D09-3267PublishedCited by 6 opinions
1Opinion of the CourtRothenberg, J.
The State of Florida (“the State”) appeals from the downward departure imposed by the trial court over the State’s objection. Because the bases for the imposition of the downward departure sentence relied on by the trial court were either legally invalid or unsupported by competent substantial evidence, we reverse for imposition of a guidelines sentence, or in the alternative, the withdrawal of the defendant’s plea. State v. Walters, 12 So.3d 298, 805 (Fla. 3d DCA 2009).
On July 7, 2005, the defendant, Elvis Pita, entered into a negotiated plea with the State to resolve three separate felony…
2Cases cited11 opinions
- Banks v. StateSupreme Court of Florida · 1999
- Kirby v. StateSupreme Court of Florida · 2003
- State v. SalgadoDistrict Court of Appeal of Florida · 2006
- State v. JohnsonDistrict Court of Appeal of Florida · 1987
- State v. VanBebberSupreme Court of Florida · 2003
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3Cited by6 opinions
- State v. MartinezDistrict Court of Appeal of Florida · 2012
- Hill v. StateDistrict Court of Appeal of Florida · 2013
- JAMES J. HOWELL v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
- State v. BenitezDistrict Court of Appeal of Florida · 2012
- State v. Shine Jr.District Court of Appeal of Florida · 2018
1 more not listed; retrieve them via the Exa API.