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622 So. 2d 169

State v. Preston

District Court of Appeal of Florida

Decided August 11, 1993

District Court of Appeal of Florida · decided 1993-08-11

Cited by 2 later decisions — most recently July 1995

2 state decisions

Relies on 531 So. 2d 161 - Poore v. State · State v. Brown · 523 So. 2d 1260 - State v. Lisk

Good law ✅— No negative treatment on recordhow we know

Decided 1993-08-11

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PER CURIAM.

¶1The state appeals the downward departure sentence imposed upon the appellee, Clarence L. Preston, after he pled guilty to third degree felony petit theft. We reverse.

¶2The trial court’s stated reason for the downward departure was the minimal value of the property taken. This reason is an invalid basis for downward departure. State v. Lisk, 523 So.2d 1260 (Fla. 2d DCA 1988), rev. denied, 531 So.2d 168 (Fla.1988).

¶3Since the reason for departure is invalid, we reverse the sentence. On remand, however, the appellee should be given an opportunity to withdraw his plea because the record indicates he entered the plea in exchange for the departure sen-*170tenee he received. State v. Brown, 542 So.2d 1371 (Fla. 4th DCA 1989).

¶4Reversed and remanded.

FRANK, C.J., and SCHOONOVER and PATTERSON, JJ., concur.
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