State v. Valdes

GREEN, OLIVER L., Senior Judge.

The State appeals the downward departure sentence imposed on Reinaldo Valdes, Jr., for two counts of possession of cocaine and two counts of possession of marijuana. Because the trial court’s stated reason for departure is invalid, we reverse.

The State charged Valdes with two counts of possession of cocaine and two counts of possession of marijuana. Valdes filed motions to suppress the drugs seized from him, contending that the searches that produced these drugs were illegal.

At the start of the hearing scheduled to address these motions, counsel for Valdes told…