Legal Opinion

State v. Kent

District Court of Appeal of Florida

Decided December 18, 1998No. 98-01536PublishedCited by 1 opinion

1Opinion of the Court

BLUE, Judge.

The State appeals a downward departure sentence. We agree that the trial court’s reasons for departure are neither valid nor supported by the record. Accordingly, we reverse. Because Stacy 0. Kent’s sentence was based on a plea agreement with the trial court, on remand Kent must be given the opportunity to withdraw her plea. If Kent does not withdraw her plea, the trial court shall impose a guidelines sentence. See State v. Moore, 702 So.2d 604 (Fla. 2d DCA 1997).

Reversed and remanded for resentencing.

CAMPBELL, AC.J., and NORTHCUTT, J., Concur.

2Cases cited1 opinion

  1. State v. MooreDistrict Court of Appeal of Florida · 1997

3Cited by1 opinion

  1. State v. DixDistrict Court of Appeal of Florida · 1998