State v. Zumpf, 728 So. 2d 347

WHATLEY, Judge.

In this appeal of George O. Zumpf‘s downward departure sentence, the State contends that a preponderance of the evidence does not support the reason given for mitigation. That reason was Zumpf‘s cooperation with the State. The only support for this reason was statements by defense counsel. This is insufficient because testimony or evidence must be presented. See State v. Licea, 707 So.2d 1155, 1157 (Fla. 2d DCA 1998).

Accordingly, we reverse Zumpf‘s sentence. Because the sentence was the result of a plea agreement, upon remand Zump‘f must be given the opportunity to withdraw his plea and proceed to trial. If he declines that opportunity, the trial court must impose a guidelines sentence.

Reversed and remanded with directions.

FULMER, A.C.J., and NORTHCUTT, J., Concur.

Case Details

Case Name: State v. Zumpf

Court Name: District Court of Appeal of Florida

Date Published: Mar 17, 1999

Citations: 728 So. 2d 347; 1999 WL 140553; 98-02507

Docket Number: 98-02507

Court Abbreviation: Fla. Dist. Ct. App.