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824 So. 2d 908

Docket No. 3D01-2894.

State v. Roberts

The STATE of Florida, Appellant, v. Kathy ROBERTS, Appellee.

District Court of Appeal of Florida

Decided June 19, 2002.

Rehearing and Rehearing Denied September 4, 2002.

District Court of Appeal of Florida · decided 2002-06-19

Cited by 12 later decisions (1 by the Supreme Court) — most recently February 2015

10 state decisions

Relies on 519 So. 2d 611 - Atwaters v. State · State v. Paulk · State v. Ford

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-19

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Attorney General, and Susan Odzer Hugentugler, Assistant Attorney General, for appellant.

¶2Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellee.

¶3Before GODERICH and SHEVIN, JJ., and NESBITT, Senior Judge.

¶4Rehearing and Rehearing En Banc Denied September 4, 2002.

¶5PER CURIAM.

¶6The State appeals from the imposition of a downward departure sentence in a case in which the defendant pled guilty to the offense of selling cocaine to a police officer. Because there were no valid reasons for departure, we reverse. See Atwaters v. State,519 So.2d 611 (Fla.1988) (holding that the quantity of drugs may not be used to support a departure): State v. Ford,739 So.2d 629 (Fla. 3d DCA 1999) (holding that a defendant's substance abuse or addiction does not justify a downward departure). As we think that the State's objection was sufficiently specific to advise the court of the alleged error, we are not persuaded by the defendant's contention that the issue was not preserved. State v. Paulk,813 So.2d 152, 154 (Fla. 3d DCA 2002).

¶7Accordingly, we reverse and vacate the downward departure sentence and remand to allow the defendant to withdraw her plea and go to trial, or be resentenced within the guidelines.

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