STATE v. KENT

No. 98-01536.

723 So.2d 351 (1998)

STATE of Florida, Appellant, v. Stacy O. KENT, Appellee.

District Court of Appeal of Florida, Second District.

December 18, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellee.


BLUE, Judge.

The State appeals a downward departure sentence. We agree that the trial court's reasons for departure are neither valid nor supported by the record. Accordingly, we reverse. Because Stacy O. Kent's sentence was based on a plea agreement with the trial court, on remand Kent must be given the opportunity to withdraw her plea. If Kent does not withdraw her plea, the trial court shall impose a guidelines sentence. See State v. Moore,

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