From Casetext: Smarter Legal Research

State v. Roberts

District Court of Appeal of Florida, Third District
Sep 4, 2002
824 So. 2d 908 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-2894.

June 19, 2002. Rehearing and Rehearing En Banc Denied September 4, 2002.

Appeal from the Circuit Court, Dade County, Gill S. Freeman and Richard Margolius, JJ.

Robert A. Butterworth, Attorney General, and Susan Odzer Hugentugler, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellee.

Before GODERICH and SHEVIN, JJ., and NESBITT, Senior Judge.


The State appeals from the imposition of a downward departure sentence in a case in which the defendant pled guilty to the offense of selling cocaine to a police officer. Because there were no valid reasons for departure, we reverse. See Atwaters v. State, 519 So.2d 611 (Fla. 1988) (holding that the quantity of drugs may not be used to support a departure); State v. Ford, 739 So.2d 629 (Fla. 3d DCA 1999) (holding that a defendant's substance abuse or addiction does not justify a downward departure). As we think that the State's objection was sufficiently specific to advise the court of the alleged error, we are not persuaded by the defendant's contention that the issue was not preserved. State v. Paulk, 813 So.2d 152, 154 (Fla. 3d DCA 2002).

Accordingly, we reverse and vacate the downward departure sentence and remand to allow the defendant to withdraw her plea and go to trial, or be resentenced within the guidelines.


Summaries of

State v. Roberts

District Court of Appeal of Florida, Third District
Sep 4, 2002
824 So. 2d 908 (Fla. Dist. Ct. App. 2002)
Case details for

State v. Roberts

Case Details

Full title:The STATE of Florida, Appellant, v. Kathy ROBERTS, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 4, 2002

Citations

824 So. 2d 908 (Fla. Dist. Ct. App. 2002)

Citing Cases

State v. Harvey

The legal grounds for a departure sentence are set forth in section 921.0026, Florida Statutes. While the…

State v. Glenn

The defense concedes that the State's position is well taken. See State v. Brownell, 922 So.2d 244, 245 (Fla.…