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523 So. 2d 1253

Docket No. 87-2978.

State v. Castanedo

The STATE of Florida, Appellant, v. Nancy CASTANEDO, Appellee.

District Court of Appeal of Florida · decided 1988-04-26

Cited by 6 later decisions — most recently October 1989

6 state decisions

Key passage — most relied on by later courts

“[B]ecause all of the recited reasons are invalid, the trial court may not enunciate new reasons to support a departure sentence. Thus, there is no need for a written statement.”

quoted by 1 later decision, including 545 So. 2d 302 - Williams v. State

Relies on 515 So. 2d 748 - Shull v. Dugger · 519 So. 2d 611 - Atwaters v. State · State v. Mesa

Good law ✅— No negative treatment on recordhow we know

Decided 1988-04-26

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Atty. Gen., Susan Odzer Hugentugler, Asst. Atty. Gen., for appellant.

¶2Bennett H. Brummer, Public Defender, for appellee.

¶3Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

¶4PER CURIAM.

¶5The state appeals the trial court's downward departure from the sentencing guidelines. We reverse.

¶6The defendant pled guilty to two counts of sale and delivery of cocaine and two counts of possession of cocaine, violations of section 893.13, Florida Statutes (1987), in exchange for the court's offer to sentence her to 364 days in the county jail. The presumptive guidelines sentence for the offenses *1254 was two and one-half to three and one-half years imprisonment. The court dictated into the record three reasons for the departure.

¶7We find no support in the record for the court's first reason: that the defendant was addicted to drugs. The second reason, the small amount of cocaine involved, is an invalid basis for departure, Atwaters v. State, 519 So.2d 611 (Fla. 1988); State v. Mesa, 520 So.2d 328 (Fla. 3d DCA 1988), as is the third reason, that the defendant can be rehabilitated, State v. Thomas, 516 So.2d 1058 (Fla. 3d DCA 1987); State v. Myers, 515 So.2d 333 (Fla. 3d DCA 1987). Ordinarily, the court's failure to submit a written statement reciting these reasons would require this court to remand directing the trial judge to comply with Florida Rule of Criminal Procedure 3.701(d)(11). However, because all of the recited grounds are invalid, the trial court may not enunciate new reasons to support a departure sentence. Shull v. Dugger, 515 So.2d 748 (Fla. 1987); Harrison v. State, 523 So.2d 726 (Fla. 3d DCA 1988). Thus, there is no need for a written statement.

¶8Because the defendant was improperly sentenced after accepting the court's offer of a reduced sentence in return for a plea of guilty, the defendant may either be resentenced in accordance with the sentencing guidelines or permitted to withdraw her plea and go to trial.

¶9Reversed and remanded.

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