STATE v. NUNEZ

No. 3D02-2523.

855 So.2d 698 (2003)

The STATE of Florida, Appellant, v. Jose V. NUNEZ, Appellee.

District Court of Appeal of Florida, Third District.

October 8, 2003.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Erin K. Zack, Assistant Attorney General, for appellant.

Stephen J. Golembe, Miami, for appellee.

Before GREEN and SHEVIN, JJ., and NESBITT, Senior Judge.


SHEVIN, Judge.

The State appeals a downward departure sentence. We affirm. A review of the record demonstrates that the State offered to forgo an appeal of a downward departure sentence if the defendant gave a sworn statement. Although we agree with the State's assertion that this offer had been rejected and/or revoked at the beginning of the September 9 hearing, the transcript reveals that by the end of the hearing the State had renewed the offer. Before the hearing...

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