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STATE v. MALLOY

No. 3D09-98.

23 So.3d 1292 (2010)

The STATE of Florida, Appellant, v. Valerie MALLOY, Appellee.

District Court of Appeal of Florida, Third District.

January 6, 2010.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Natalia Costea, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellee.

Before WELLS and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

The appellee's only defense to a clearly unjustified court-offered plea bargain to a downward departure sentence, the alleged existence of a state offer, is itself completely without merit. This is so because the offer, which was tendered prior to a hearing on the defendant's dispositive motion to suppress, was clearly and effectively withdrawn after that motion was denied.1

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