Opinion

State v. Brown

  • 14 Fla. L. Weekly 1493
  • 545 So. 2d 446
  • 1989 Fla. App. LEXIS 3437
  • 1989 WL 65862
Court
District Court of Appeal of Florida
Filed
Jun 20, 1989
Status
Published
On the bench
Cope, Gersten, Jorgenson
Cited by
1 cases
Authority
More cited than 55.9%

The opinion

PER CURIAM.

The State appeals from a court-offered sentence which departed downward from the applicable sentencing guidelines. The sole written reason for the trial court’s guideline departure was: “small quantity [of] contraband.” We reverse and remand for resentencing.

The Florida Supreme Court has ruled that the quantity of drugs involved in a crime is not a proper reason to support departure from the sentencing guidelines. Atwaters v. State, 519 So.2d 611 (Fla.1988). This court has applied the Atwaters rule to downward departures from the sentencing guidelines. State v. Forbes, 536 So.2d 356 (Fla. 3d DCA 1988); State v. McCluster, 525 So.2d 434 (Fla. 3d DCA 1988). Accordingly, we reverse the sentence and remand for resentencing within the guidelines, with the defendant being allowed the opportunity to withdraw the plea he negotiated with the trial court. Shull v. Dugger, 515 So.2d 748 (Fla.1987) (where reasons given for departure are invalid, resentencing following remand must be within guidelines).

Reversed and remanded for resentenc-ing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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