Legal Opinion

Peterson v. State

District Court of Appeal of Florida

Decided March 3, 2000No. 5D99-3648PublishedCited by 2 opinions

1Opinion of the CourtW. Sharp, J.

Peterson filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence because the trial court imposed a departure sentence without giving written reasons. The trial court summarily denied the motion. We affirm.

The record attached clearly refutes Peterson’s claim. The guidelines scoresheet in the record indicates the parties stipulated to an upward departure sentence, pursuant to a negotiated plea because the defendant, Peterson, had engaged in a “crime spree.” A plea bargain is a valid ground for departure. Jauregui v. State 652 So.2d 898 (Fla. 3d DCA…

2Cases cited3 opinions

  1. State v. MotenDistrict Court of Appeal of Florida · 1997
  2. State v. JordanDistrict Court of Appeal of Florida · 1993
  3. Jauregui v. StateDistrict Court of Appeal of Florida · 1995

3Cited by2 opinions

  1. State v. ChamblissDistrict Court of Appeal of Florida · 2000
  2. Martinez v. StateDistrict Court of Appeal of Florida · 2004

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API