State v. Berry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the absence of valid reasons for departure, requires reversal and remand for resentencing or withdrawal of the defendant's plea
• noting: “Had the State's downward departure offer remained open, then the trial court could have accepted the defendant's plea and imposed an even greater downward departure”
• noting a downward departure sentence without valid reason for departure must be remanded for resentencing within the guidelines, but finding “[t]he defendant suggests there is a valid reason for departure” which “can be raised in the trial court on remand”

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Jackson v. State
  Supreme Court of Florida· 2011-02-17· cited 50×
• State v. Davis
  District Court of Appeal of Florida· 2009-01-07· cited 4×
• State v. Lago
  District Court of Appeal of Florida· 2008-08-20· cited 1×
• State v. Malloy
  District Court of Appeal of Florida· 2010-01-06· cited 1×
• State v. Noble
  District Court of Appeal of Florida· 2008-10-01
• Glover v. State
  Supreme Court of Florida· 2011-10-27

Cites

3 cases in this archive are cited by this case.

• State v. Aguilar
  District Court of Appeal of Florida· 2000-12-13· cited 12×
• State v. Green
  District Court of Appeal of Florida· 2006-03-22· cited 8×
• State v. Kasten
  District Court of Appeal of Florida· 2000-12-06· cited 4×