State v. MendezState v. Mendez
- Reporters:
- ,
- Before:
- Schwartz, Fletcher, Shevin (per curiam)
The downward departure sentence entered on the basis of a plea agreement with the trial court alone without the concurrence and over the objection1 of the state is vacated. State v. Paulk, 813 So.2d 152 (Fla. 3d DCA 2002), review denied, 832 So.2d 105 (Fla.2002); State v. Perez, 802 So.2d 1167 (Fla. 3d DCA 2001), review denied, 823 So.2d 125 (Fla.2002); State v. Johnson, 796 So.2d 1213 (Fla. 3d DCA 2001). The cause is remanded for resentencing or, at the option of the defendant, withdrawal of the plea and further proceedings consistent therewith.