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Johnson v. State

District Court of Appeal of Florida, Second District
Nov 9, 1984
458 So. 2d 850 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-520.

November 9, 1984.

Appeal from the Circuit Court, DeSoto County, Vincent T. Hall, J.

Jerry Hill, Public Defender and W.C. McLain, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Theda James Davis, Asst. Atty. Gen., Tampa, for appellee.


Luvenia Johnson entered into a plea bargain with the state for a term of four years in prison. She was convicted of forgery, uttering a forged instrument, and violating her probation and sentenced pursuant to the plea agreement. She now appeals the sentence on the ground that it exceeds the recommended sentence of the sentencing guidelines.

A departure from the sentencing guidelines is clearly warranted when a plea bargain specifies the permissible sentence. Bell v. State, 453 So.2d 478 (Fla. 2d DCA 1984). Because Johnson was bound by her contract, we affirm the sentence.

CAMPBELL and LEHAN, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Second District
Nov 9, 1984
458 So. 2d 850 (Fla. Dist. Ct. App. 1984)
Case details for

Johnson v. State

Case Details

Full title:LUVENIA JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 9, 1984

Citations

458 So. 2d 850 (Fla. Dist. Ct. App. 1984)

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