STATE v. HALE

No. 95-03803.

682 So.2d 613 (1996)

STATE of Florida, Appellant, v. Ralph HALE, Appellee.

District Court of Appeal of Florida, Second District.

October 30, 1996.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia J. Hakes, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Jeffrey M. Pearlman, Assistant Public Defender, Bartow, for Appellee.


BLUE, Judge.

The State appeals the sentence imposed upon Ralph Hale, asserting that the trial court failed to follow the negotiated plea agreement. The State and Hale had entered into a plea agreement that called for a downward departure from the sentencing guidelines; however, the court did not impose the agreed upon sentence and instead imposed a different departure sentence. Because Hale's actual sentence was not the result of a legitimate plea bargain, the written...

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