STATE v. BERRY

No. 3D07-904.

976 So.2d 645 (2008)

The STATE of Florida, Appellant, v. Laffayette BERRY, Appellee.

District Court of Appeal of Florida, Third District.

March 12, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Angel L. Fleming, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Colleen Brady Ward, Assistant Public Defender, for appellee.

Before COPE, GREEN, and WELLS, JJ.


PER CURIAM.

The State appeals a downward departure sentence. We reverse for further proceedings.

The State offered a downward departure sentence to defendant-appellant Laffayette Berry. When the case came before the trial court, the defendant requested, and the trial court indicated agreement in concept, on a shorter sentence than the State had offered. Had the State's downward departure offer remained open, then the trial court could have accepted the defendant...

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