02-1231 STATE V. CANTY

State: Florida

Court: Florida Third District Court

Docket No: 02-1231 STATE V. CANTY

Case Date: 11/05/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

THE STATE OF FLORIDA, Appellant, vs. KEITH CANTY, Appellee.

** ** ** ** ** CASE NOS. 3D02-1231 3D02-1230 LOWER TRIBUNAL NO. 01-34599

Opinion filed November 5, 2003. Appeals from the Circuit Court for Miami-Dade County, Richard V. Margolius, Judge. Charles J. Christ, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellant. Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellee. Before COPE, GODERICH and RAMIREZ, JJ. PER CURIAM. The State appeals a downward departure sentence. We reverse.

Assuming for present purposes that the downward departure reasons given by the trial court were valid for Miami-Dade County Circuit Court case number 01-34599, those reasons have no apparent

relationship to the other crime with which defendant-appellant Canty was charged, grand theft of a vehicle, in Miami-Dade County Circuit Court case number 02-6461. We therefore return the case to the trial court for resentencing, or alternatively, with leave for the defendant to withdraw his plea. See State v. Roberts, 824 So.

2d 908 (Fla. 3d DCA 2002); State v. Johnson, 796 So. 2d 1213 (Fla. 3d DCA 2001); State v. Ford, 739 So. 2d 629 (Fla. 3d DCA 1999). Reversed and remanded.

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