State v. Malloy

SCHWARTZ, Senior Judge.

The appellee’s only defense to a clearly unjustified court-offered plea bargain to a downward departure sentence, the alleged existence of a state offer, is itself completely without merit. This is so because the offer, which was tendered prior to a hearing on the defendant’s dispositive motion to suppress, was clearly and effective*1293ly withdrawn after that motion was denied.1 See State v. Berry, 976 So.2d 645 (Fla. 3d DCA 2008); State v. Watson, 971 So.2d 946, 947 (Fla. 3d DCA 2007). Hence, the departure sentence is vacated and the cause is remanded with directions to…