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624 So. 2d 849

Docket No. 93-00078.

State v. Lerman

STATE of Florida, Appellant, v. Glenn Evan LERMAN a/k/a Evan Glenn Lerman a/k/a Jay Lieberman, Appellee.

District Court of Appeal of Florida

Decided October 1, 1993.

District Court of Appeal of Florida · decided 1993-10-01

Key passage — most relied on by later courts

“We agree with the state that the [downward departure] reason reflects the trial court's disagreement with the guidelines and is invalid.”

quoted by 1 later decision, including 901 So. 2d 942 - State v. Ayers

Relies on 498 So. 2d 1031 - State v. Baker

Good law ✅— No negative treatment on recordhow we know

Decided 1993-10-01

How this case has been cited

Cited by 5 later decisions — most recently November 2014

5 state decisions

30199320002010decided

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 →

¶1Robert A. Butterworth, Atty. Gen., Tallahassee, and Sue R. Henderson, Asst. Atty. Gen., Tampa, for appellant.

¶2James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellee.

¶3PATTERSON, Judge.

¶4The state appeals from the downward departure sentence the trial court imposed upon the appellee. The court's basis for the departure was that the appellee's case was old, and if he had been sentenced earlier, he would have been serving the sentence in this case concurrently with his federal prison sentence. We agree with the state that the reason reflects the trial court's disagreement with the guidelines and is invalid. See State v. Baker,498 So.2d 1031 (Fla. 1st DCA 1986). Accordingly, we reverse and remand this case for the court to enter a sentence within the permitted guidelines range, not to exceed five years' incarceration, in accordance with the appellee's plea agreement.

¶5Reversed and remanded.

¶6FRANK, C.J., and DANAHY, J., concur.

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