Summary
In Key v. State, 452 So.2d 1147 (Fla. 5th DCA 1984), the court held that a defendant who enters a guilty plea and is sentenced in accordance with a plea agreement may appeal the sentence imposed, on the grounds it constitutes a departure from the guidelines, pursuant to section 921.001(5), Florida Statutes (1983).
Summary of this case from White v. StateOpinion
No. 83-1496.
July 19, 1984.
Appeal from the Circuit Court, Hernando County, L.R. Huffstetler, Jr., J.
James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.
A negotiated plea which includes an agreement that the defendant may be sentenced to imprisonment for a period of time in excess of the new sentencing guidelines (although within the minimum and maximum sentence limitations provided by law) is a clear and sufficient reason for departure from those guidelines. See Fla.R. Crim.P. 3.701(b)(6).
Notwithstanding that this sentence was imposed following the entry of a guilty plea, defendant has a right to appeal the sentence because of the departure from the guidelines. See § 921.001(5), Fla. Stat. (1983). However, because there was no error in the departure here, the sentence appealed from is
AFFIRMED.
DAUKSCH and COWART, JJ., concur.