State v. Martinez

¶1The state appeals the downward departure sentence imposed on Nehemias Martinez. We reverse and remand for further proceedings.

¶2The trial court’s reason for departure was that Martinez required specialized treatment for drug addiction and he was amenable to such treatment. There is no evidence, however, that Martinez had a drug addiction problem. See State v. Lemon, 664 So.2d 1072 (Fla. 2d DCA 1995). Accordingly, we reverse and remand for resentencing within the guidelines.1 In light of the fact that Martinez’s sentence was the result of a plea agreement with the trial court, Martinez should be given the opportunity to withdraw his plea on remand. State v. Bryant, 658 So.2d 652 (Fla. 2d DCA 1995).

¶3Reversed and remanded for further proceedings with directions.