Johnson v. State

Luvenia JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 9, 1984.

District Court of Appeal of Florida · decided 1984-11-09

Cited by 7 later decisions — most recently August 1993

7 state decisions

Key passage — most relied on by later courts

“Because Johnson was bound by her contract, we affirm the sentence.”

quoted by 1 later decision, including 610 So. 2d 726 - Novaton v. State

Relies on 453 So. 2d 478 - Bell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-11-09

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¶1Jerry Hill, Public Defender and W.C. McLain, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.

¶3 *851 RYDER, Chief Judge.

¶4Luvenia Johnson entered into a plea bargain with the state for a term of four years in prison. She was convicted of forgery, uttering a forged instrument, and violating her probation and sentenced pursuant to the plea agreement. She now appeals the sentence on the ground that it exceeds the recommended sentence of the sentencing guidelines.

¶5A departure from the sentencing guidelines is clearly warranted when a plea bargain specifies the permissible sentence. Bell v. State,453 So.2d 478 (Fla. 2d DCA 1984). Because Johnson was bound by her contract, we affirm the sentence.

¶6CAMPBELL and LEHAN, JJ., concur.