State v. Charles Hepburn

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2010 STATE OF FLORIDA, Appellant, v. Case No. 5D10-489 CHARLES HEPBURN, Appellee. ________________________________/ Opinion filed December 3, 2010 Appeal from the Circuit Court for Orange County, C. Jeffery Arnold, Judge. Bill McCollum, Attorney General, Tallahassee, and Megan Saillant, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellee. PER CURIAM. After a plea, the trial court imposed a downward departure sentence over objection. The reasons given for the departure sentence are insufficient. See State v. Knox, 990 So. 2d 665, 668 (Fla. 5th DCA 2008); State v. Sawyer, 753 So. 2d 737, 738 (Fla. 2d DCA 2000); State v. Arvinger, 751 So. 2d 74, 77 (Fla. 5th DCA 1999); State v. Collins, 482 So. 2d 388, 389 (Fla. 5th DCA 1985). Because the plea was induced by the trial court's offer to impose the departure sentence, on remand, Appellee may elect to withdraw his plea. Otherwise, the trial court must resentence him and impose a guideline sentence. REVERSED AND REMANDED. GRIFFIN, TORPY and COHEN, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.