State v. McCulloch

Pursuant to a plea agreement which was accepted by the trial judge, defendant pled guilty to sexual battery, false imprisonment and battery in exchange for a sentence of 4½ years’ imprisonment followed by 10 years’ probation. A different judge presided at sentencing. The sentencing judge disregarded the agreement and entered a sentence constituting a downward departure from the presumptive guidelines sentence. Defendant concedes that remand is required because the sentencing judge erred in imposing the downward departure without providing written reasons. See Fla.R.Crim.P. 3.701(d)(11); Ree…