Black v. State

On revocation of community control, the appellant was sentenced to both incarceration and community control, followed by probation. The appellant contends that the trial court erred because the sentence was illegal, as a departure from the guidelines without written reasons. We affirm the appellant’s sentence and hold, in accordance with Smith v. State, 529 So.2d 1106, 1107 (Fla.1988), that a negotiated plea agreement is a valid reason upon which to base a departure from a guidelines sentence. In this case the trial court checked “plea” on the scoresheet, and the plea agreement is part of the…