Shuler v. State

Deshunda Shuler (defendant) appeals her sentence which was entered by the trial court after she entered a plea of nolo contendere to committing the crime of engaging in unlawful sexual activity with a minor, in violation of section 794.05(1) of the Florida Statutes (2005). Because the trial court may have misunderstood the parameters of its discretion regarding the entry of a downward departure sentence, we vacate the defendant’s sentence and remand this matter to the trial court for reconsideration.

The order setting forth the defendant’s plea notes that it was an “open plea to the court”.…