State v. Jackson
| Decision Date | 25 February 2011 |
| Docket Number | No. 5D09–4382.,5D09–4382. |
| Citation | 55 So.3d 682 |
| Parties | STATE of Florida, Appellant,v.Roger Jerome JACKSON, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellant.James S. Purdy, Public Defender, and Ailene S. Rogers, Assistant Public Defender, Daytona Beach, for Appellee.PER CURIAM.
The State appeals from a downward departure sentence imposed on Roger Jerome Jackson for the third degree felony charge of possession of cocaine. Jackson's criminal punishment code scoresheet indicated a lowest permissible sentence of 28.95 months in prison. If a “trial court wishes to depart downwardly from the indicated guidelines sentence, it must announce or write its valid reasons for doing so.” State v. Marshall, 869 So.2d 754, 756 (Fla. 5th DCA 2004); see also, § 921.0026(1), Fla. Stat. (2010) ().
At sentencing, the trial judge did not give any reason for the departure sentence but indicated that he would later supply a written order justifying it. When the judge later failed to supply any written departure reasons, the State appealed. Jackson properly concedes error. Because the trial court had already promised Jackson a departure sentence prior to Jackson's entry of a plea in this case, Jackson should be given an option of withdrawing his plea if the court now concludes that no valid basis for departure exists. See Marshall. Accordingly, we reverse and remand with directions that the trial court either justify any departure sentence with valid reasons for departure, or give Jackson an opportunity to withdraw his plea prior to imposition of a guidelines sentence. Id.
REVERSED AND REMANDED WITH DIRECTIONS.
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State v. Davis
... ... A defendant's prior criminal record, or lack thereof, is one such factor.) (internal citations omitted). As the trial judge gave no other reason for imposing a departure sentence, we reverse the sentence and remand for a new sentencing hearing.1 See Jackson v. State, 64 So.3d 90 (Fla.2011).REVERSED AND REMANDED FOR RESENTENCING.--------Notes:1. If Davis' plea was induced by the trial judge's promise of a probationary sentence, as the record suggests, Davis must also be allowed to withdraw his plea if no valid basis for downward departure is found on ... ...
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Judgment and sentence
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