The state appeals a downward departure from the sentencing guidelines. We reverse.
Pursuant to a plea bargain with the court, the defendant pled guilty to possession of cocaine and was sentenced to three years’ probation although the recommended guidelines range was 2% to 3V2 years’ imprisonment. The prosecution objected to the downward departure. The small quantity of drugs involved and the fact that the defendant was a “substance abuser” were the reasons stated for the departure.
The first reason for departure is invalid. See Atwaters v. State,
The second reason could conceivably support departure, see Barbera v. State,
We find no grounds to sustain the sentence. Since the guilty plea was negotiated in reliance on the proposed sentence the defendant should be afforded an opportunity on remand to withdraw his plea. If he does not withdraw his plea he shall be sentenced pursuant to the guidelines. See State v. Thomas,
REVERSED.
