DocketNumber: Nos. 1D99-1929 and 1D99-2606
Citation Numbers: 772 So. 2d 594
Judges: Benton, Booth, Douglass, Shivers
Filed Date: 12/1/2000
Status: Precedential
Modified Date: 7/30/2022
The State appeals Appellee’s downward departure sentences. We have jurisdiction. § 924.07(1)®, Fla. Stat.; Fla. R.App. P. 9.140(c)(l)(K).
The trial court’s articulated reason for departure was not a valid basis for departure under section 921.0016(4)(a), Florida Statutes, or under the circumstances of this case.
REVERSED and REMANDED.
. The trial court departed from the sentencing guidelines because Appellee agreed to waive his appeal of a misdemeanor conviction for disorderly conduct, his arrest for which was a
. See State v. Kennedy, 698 So.2d 349, 351 (Fla. 4 th DCA 1997)(citing State v. Herrick, 691 So.2d 540 (Fla. 5 th DCA 1997); State v. Honiker, 675 So.2d 681, 682 n. 1 (Fla. 2d DCA 1996); and State v. Williams, 616 So.2d 187 (Fla. 4 th DCA 1993)), receded from on other grounds by Welling v. State, 748 So.2d 314 (Fla. 4 th dca 1999), rev. denied, 770 So.2d 163 (Fla.2000); see also State v. Warner, 721 So.2d 767, 769 n. 2 (Fla. 4th DCA 1998) (dicta) (citing Kennedy, supra), approved, 762 So.2d 507 (Fla.2000).
. Appellee will be permitted to appeal his conviction in the related misdemeanor case.