State v. Aguilar, 3D99-1606.
| Decision Date | 13 December 2000 |
| Docket Number | No. 3D99-1606.,3D99-1606. |
| Citation | 775 So.2d 994 |
| Parties | The STATE of Florida, Appellant, v. Rosario AGUILAR, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Attorney General, and Darien M. Doe, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender, and Ivy R. Ginsberg, Special Assistant Public Defender, for appellee.
Before GODERICH and SORONDO, JJ., and NESBITT, Senior Judge.
The state appeals the trial court's downward departure from the sentencing guidelines on two grounds. First, the state asserts that the trial court did not provide written reasons or a written transcript of orally stated reasons within seven days after the date of sentencing as required by section 921.0016(1)(c), Florida Statutes (1997); or within fifteen days as required by rule 3.702(d)(18)(a), Florida Rules of Criminal Procedure. Second, the state argues that the grounds argued by the defendant and accepted by the court for the departure were insufficient.
The defendant in this case entered a plea of guilt to the charges of attempted first degree murder, kidnaping with a weapon, and two counts of aggravated child abuse. She filed a motion for downward departure from the permissible sentencing guideline range, the bottom of which was 24.12 years in state prison, based upon the fact that she was remorseful, see § 921.0026(j), Fla. Stat. (1997); and that she required specialized treatment for a mental disorder and was amenable to treatment, see section 921.0026(d). The state objected to the downward departure arguing that under State v. Gitto, 731 So.2d 686 (Fla. 5th DCA 1999), the trial court could not offer the defendant a plea over the state's objection.1 This objection was predicated on a plea conference conducted in chambers prior to the sentencing hearing, where both the prosecutor and defense counsel were present.
At that conference the state offered the defendant a plea bargain to ten years in state prison to be followed by a probationary period of ten to fifteen years. After hearing from both sides, the judge advised defense counsel that she was considering a sentence of five years to be followed by a lengthy probationary period. The court, however, did not offer the defendant a plea bargain. The defendant entered her plea of guilt without any guaranteed sentence, and after having been warned that she was facing a potential life sentence. Ultimately, after hearing from both sides at the sentencing hearing, the court imposed a total sentence of six years in state prison to be followed by twenty years of probation. The court further imposed several special conditions, among them that defendant not care for any children, nor have contact with her own children without the trial court's prior consent, and ordered the defendant to participate in therapy one time per...
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State v. Herrera-Fernandez
...and SALTER, J., and LEBAN, Senior Judge.PER CURIAM.Affirmed. See State v. Leggett, 792 So.2d 646 (Fla. 3d DCA 2001) ; State v. Aguilar, 775 So.2d 994 (Fla. 3d DCA 2000). EMAS, C.J., specially concurring.How many legs does a dog have if you call his tail a leg?Four. Saying that a tail is a l......
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State v. Lago
...The answer is no. The defendant maintains that a downward departure was authorized by this court's decision in State v. Aguilar, 775 So.2d 994 (Fla. 3d DCA 2000), but that case is inapplicable. In Aguilar, the defendant entered a guilty plea with the sentencing decision to be left up to the......
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State v. Weaver, 3D08-754.
...served. The State never rescinded its waiver of the three-year minimum mandatory. This case is indistinguishable from State v. Aguilar, 775 So.2d 994 (Fla. 3d DCA 2000). In that case, at a plea conference, the State offered Aguilar a plea bargain to ten years in prison to be followed by a l......
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State v. Leggett
...a departure sentence and had never withdrawn that offer at the time the trial court made its offer to Leggett. See State v. Aguilar, 775 So.2d 994, 996 (Fla. 3d DCA 2000) ("Where the state and the defendant agree that a departure from the sentencing guidelines is appropriate, the extent of ......
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Judgment and sentence
...which the defendant rejects, the court cannot then make a lower offer without valid departure reasons. The rule of State v. Aguilar , 775 So. 2d 994 (Fla. 3d DCA 2000), which allows the court to impose a lower sentence than the state argues for when defendant enters an open plea and the sta......