State v. Everett

CONFESSION OF ERROR

This case was initiated by the State of Florida filing an appeal of the trial court’s imposition of a sentence that was a “downward departure” from the guidelines. In furtherance of its argument, the State points out that the trial court erred in failing to provide sufficient reasons to justify the downward departure sentence of ten years. Based upon the appellee’s correct “Confession of Error”, wherein appellee acknowledges the trial court’s error, it is clear that the sentence imposed must be vacated.

Because the defendant entered his plea of nolo contendere upon the…