STATE v. LAPERRERI

No. 97-02894.

710 So.2d 119 (1998)

STATE of Florida, Appellant, v. Paul LAPERRERI, Appellee.

District Court of Appeal of Florida, Second District.

April 15, 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, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellee.


ALTENBERND, Acting Chief Judge.

The State appeals Paul Laperreri's sentence of 5 years' probation for possession of cocaine. We reverse because the trial court failed to include points for offenses in Mr. Laperreri's prior record that were greater than 10 years old. Because the State did not consent to the plea agreement between Mr. Laperreri and the trial court, the sentence cannot be affirmed as a downward departure based on uncoerced plea agreement.

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