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723 So. 2d 351

State v. Kent

District Court of Appeal of Florida

Decided December 18, 1998

District Court of Appeal of Florida · decided 1998-12-18

Cited by 5 later decisions — most recently March 2004

5 state decisions

Relies on A.R. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-18

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BLUE, Judge.

¶1The State appeals a downward departure sentence. We agree that the trial court’s reasons for departure are neither valid nor supported by the record. Accordingly, we reverse. Because Stacy 0. Kent’s sentence was based on a plea agreement with the trial court, on remand Kent must be given the opportunity to withdraw her plea. If Kent does not withdraw her plea, the trial court shall impose a guidelines sentence. See State v. Moore, 702 So.2d 604 (Fla. 2d DCA 1997).

¶2Reversed and remanded for resentencing.

CAMPBELL, AC.J., and NORTHCUTT, J., Concur.
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