Public-domain · open source
OpenJurist

553 So. 2d 748

Docket No. 89-42.

Smith v. State

William A. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 14, 1989.

District Court of Appeal of Florida · decided 1989-12-14

Key passage — most relied on by later courts

“it would be better form to state the negotiated plea as the written reason for departure, the plea is in the record and it alone justifies the enhanced penalty.”

quoted by 1 later decision, including 570 So. 2d 1032 - McMullen v. State

Relies on 530 So. 2d 304 - Kropff v. Department of Highway Safety & Motor Vehicles · 499 So. 2d 42 - Grimes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-12-14

How this case has been cited

Cited by 13 later decisions — most recently December 2010

8 state decisions

701989199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee and Fleming Lee, Asst. Atty. Gen. and Robin Compton, Certified Legal Intern, Daytona Beach, for appellee.

¶3HARRIS, Judge.

¶4William Smith plead no contest to lewd and lascivious assault upon a child and, in exchange for the dismissal of a sexual battery charge, stipulated to a fifteen year sentence which exceeded the guidelines range. The trial court relied on the stipulated sentence but did not file written reasons for departure. Smith appeals urging that the trial court must now sentence him within the guidelines. We disagree.

¶5While it would be better form to state the negotiated plea as the written reason for departure, the plea is in the record and it alone justifies the enhanced penalty. Smith v. State,530 So.2d 304 (Fla. 1988). See also, Grimes v. State,499 So.2d 42 (Fla. 1st DCA 1986).

¶6AFFIRMED.

¶7DANIEL, C.J., and GOSHORN, J., concur.

/553/so2d/748 · .json · Public domain