Bush v. State

DOWNEY, Judge.

Appellant seeks reversal of a judgment of conviction and sentence of fifteen years’ imprisonment for the offense of armed robbery.

A plea of nolo contendere was entered by appellant at a hearing during which the state advised the court it would be seeking a sentence that departed from the guidelines. During a colloquy at said hearing, appellant was advised by the court and the state attorney and he acknowledged that the ultimate sentence imposed may or may not be within the guidelines; it was solely up to the court to make that decision. At the sentencing hearing, the court…