State v. Bowser

Full title: STATE of Florida, Appellant, v. Linwood BOWSER, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Oct 28, 2016

202 So. 3d 466 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D15–4212.

10-28-2016

STATE of Florida, Appellant, v. Linwood BOWSER, Appellee.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Kristen D. Dukes, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Kristen D. Dukes, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

The State appeals a downward departure sentence imposed after the defendant, Linwood Bowser, entered a plea of guilty. The State contends that the trial court erred in ordering the downward departure sentence based on a plea offer previously revoked by the State. We agree that a previously revoked plea offer does not constitute a sufficient ground for departure. See State v. Watson, 971 So.2d 946, 948 (Fla. 3d DCA 2007) ; see also State v. Lago, 990 So.2d 597, 599 (Fla. 3d DCA 2008). Therefore, we vacate the departure sentence and remand for resentencing within the guidelines. In the alternative, Bowser may be allowed to withdraw his plea. See Watson, 971 So.2d at 948.

REVERSED and REMANDED.

SAWAYA, BERGER and WALLIS, JJ., concur.