Sanders v. State

LEHAN, Judge.

Defendant appeals from his sentence of two years community control, a sentence included within the second cell of the guidelines. The sentence recommended by the guidelines was within the first cell which called for any nonstate prison sanction. Defendant’s sentence was, as decided in State v. Mestas, 507 So.2d 587 (Fla.1987), an upward departure. See State v. Hopkins, 520 So.2d 301 (Fla. 3d DCA 1988). The trial court gave as the written reason for the departure, “negotiated plea.” A plea bargain, which had been made at a time when there was uncertainty as to defendant’s…