Legal Opinion

State v. Hughes

District Court of Appeal of Florida

Decided April 12, 2000No. 4D98-4340Published

1Opinion of the CourtShahood, J.

The issue presented in this appeal is whether the trial court erred in suspending the inearcerative portion of appellee’s guideline sentence without providing valid reasons for the downward departure sentence. Appellee concedes, and we agree, that the sentence is improper and the judgment must be reversed and remanded. Appellee further argues that his “plea” must also be vacated on remand. This court is precluded from addressing the voluntariness of appellee’s plea; however, appellee may move to withdraw his plea upon remand.

Appellee was charged with felony driving while license revoked and…

2Cases cited5 opinions

  1. State v. PowellSupreme Court of Florida · 1997
  2. Thompson v. StateDistrict Court of Appeal of Florida · 1998
  3. State v. PowellDistrict Court of Appeal of Florida · 1997
  4. Davis v. StateDistrict Court of Appeal of Florida · 1995
  5. Austin v. StateDistrict Court of Appeal of Florida · 1997

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