Key v. State, 452 So. 2d 1147

ORFINGER, Judge.

A negotiated plea which includes an agreement that the defendant may be sentenced to imprisonment for a period of time in excess of the new sentencing guidelines (although within the minimum and maximum sentence limitations provided by law) is a clear and sufficient reason for departure from those guidelines. See Fla.R. Crim.P. 3.701(b)(6).

Notwithstanding that this sentence was imposed following the entry of a guilty plea, defendant has a right to appeal the sentence because of the departure from the guidelines. See § 921.001(5), Fla. Stat. (1983). However, because there was no error in the departure here, the sentence appealed from is

AFFIRMED.

DAUKSCH and COWART, JJ., concur.

Case Details

Case Name: Key v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 19, 1984

Citations: 452 So. 2d 1147; 83-1496

Docket Number: 83-1496

Court Abbreviation: Fla. Dist. Ct. App.