State v. Linwood Bowser

The State appeals a downward departure sentence imposed after the defendant, Linwood Bowser, entered a plea of guilty. The State contends that the trial court erred in ordering the downward departure sentence based on a plea offer previously revoked by the State. We agree that a previously revoked plea offer does not constitute a sufficient ground for departure. See State v. Watson, 971 So.2d 946, 948 (Fla. 3d DCA 2007); see also State v. Lago, 990 So.2d 597, 699 (Fla. 3d DCA 2008). Therefore, we vacate the departure sentence and remand for resentencing within the guidelines. In the…