State v. Butler

SALCINES, Judge.

The State appeals the downward departure sentence entered after the trial court accepted the no contest plea of Shannon Butler. We reverse because the reason given by the trial court to justify the downward departure sentence is insufficient and, further, the record does not support the trial court’s reasoning.

At the plea hearing, the trial court stated that off-the-record discussions had taken place between the court, the defense counsel, and the State concerning a possible plea by Butler to the charge of possession of cocaine. The court stated that if a plea was entered,…