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State v. Cohen

District Court of Appeal of Florida, Second District
Jan 24, 1996
667 So. 2d 438 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-01482

January 24, 1996.

Appeal from the Circuit Court for Pinellas County; Nelly N. Khouzam, Judge.

Robert A. Butterworth, Attorney General, Tallahassee, and Ron Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellee.


The appellant, State of Florida, challenges the trial court's order imposing a sentence which departed downward from the recommended guidelines sentencing range based on appellee's need for substance addiction treatment. The state argues, and we agree, that there was no evidence to support the trial court's finding that appellee was amenable to rehabilitation. Herrin v. State, 568 So.2d 920 (Fla. 1990). Accordingly, we reverse and remand for resentencing within the guidelines. State v. Lemon, 664 So.2d 1072 (Fla. 2d DCA 1995). Because, however, the sentence was the result of a plea agreement between appellee and the trial court, appellee should be given the opportunity to withdraw his plea on remand. State v. Bryant, 658 So.2d 652 (Fla. 2d DCA 1995).

Reversed and remanded with directions.

BLUE, A.C.J., and LAZZARA and WHATLEY, JJ., concur.


Summaries of

State v. Cohen

District Court of Appeal of Florida, Second District
Jan 24, 1996
667 So. 2d 438 (Fla. Dist. Ct. App. 1996)
Case details for

State v. Cohen

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. JEFFREY A. COHEN, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 24, 1996

Citations

667 So. 2d 438 (Fla. Dist. Ct. App. 1996)

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