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858 So. 2d 367

State v. Canty

District Court of Appeal of Florida

Decided November 5, 2003

District Court of Appeal of Florida · decided 2003-11-05

Cited by 4 later decisions — most recently March 2019

4 state decisions

Relies on State v. Roberts · State v. Ford · 796 So. 2d 1213 - State v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 2003-11-05

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PER CURIAM.

¶1The State appeals a downward departure sentence. We reverse.

¶2Assuming for present purposes that the downward departure reasons given by the trial court were valid for Miami-Dade County Circuit Court case number 01-34599, those reasons have no apparent relationship to the other crime with which defendant-appellant Canty was charged, grand theft of a vehicle, in Miami-Dade County Circuit Court case number 02-6461. We therefore return the case to the trial court for resentencing, or alternatively, with leave for the defendant to withdraw his plea. See State v. Roberts, 824 So.2d 908 (Fla. 3d DCA 2002); State v. Johnson, 796 So.2d 1213 (Fla. 3d DCA 2001); State v. Ford, 739 So.2d 629 (Fla. 3d DCA 1999).

¶3Reversed and remanded.

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