State v. Jones, 90-01305
| Decision Date | 24 May 1991 |
| Docket Number | No. 90-01305,90-01305 |
| Citation | 579 So.2d 884 |
| Parties | STATE of Florida, Appellant, v. Walter E. JONES, Appellee. 579 So.2d 884, 16 Fla. L. Week. D1408 |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellant.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellee.
We reverse the defendant's sentence because the trial court failed to provide written reasons for the downward departure. Although generally, no written reasons are required for a departure based upon a negotiated plea agreement, see Smith v. State, 529 So.2d 1106 (Fla.1988); Long v. State, 540 So.2d 903 (Fla.2d DCA 1989), the state was not a party to the plea agreement between the court and the defendant in this case. Upon remand, the trial court shall give the defendant the opportunity to withdraw his plea. See Stranigan v. State, 457 So.2d 546 (Fla. 2d DCA 1984). If the defendant does not elect to withdraw his plea, then the trial court shall sentence him within the guidelines. See State v. Cook, 571 So.2d 22 (Fla. 2d DCA 1990).
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State v. Faulk
...to the plea agreement between the court and the defendant. Chaves-Mendez, 809 So.2d at 911 (Sawaya, J., concurring); State v. Jones, 579 So.2d 884 (Fla. 2d DCA 1991). The requirement of valid reasons for a downward departure is in stark contrast to upward departures for which reasons need n......
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State v. Thomas, 3D06-1689.
...the reasons for the departure. See Fla. R.Crim. P. 3.701(d)(11); State v. Sherman, 909 So.2d 963 (Fla. 3d DCA 2005); State v. Jones, 579 So.2d 884 (Fla. 2d DCA 1991); State v. Brown, 542 So.2d 1371 (Fla. 4th DCA 1989). Accordingly, we reverse and remand for further ...