STATE v. VALERIE MALLOY

State: Florida

Court: Florida Third District Court

Docket No: 09-0098

Case Date: 01/06/2010

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2009
Opinion filed January 6, 2010. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-98
Lower Tribunal No. 07-45386

________________

The State of Florida,
Appellant, vs.

Valerie Malloy,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, John C. Schlesinger, Judge. Bill McCollum, Attorney General, and Natalia Costea, Assistant Attorney General, for appellant. Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellee.

Before WELLS and SHEPHERD, JJ., and SCHWARTZ, Senior Judge. SCHWARTZ, Senior Judge. The appellee's only defense to a clearly unjustified court-offered plea bargain to a downward departure sentence, the alleged existence of a state offer, is

itself completely without merit. This is so because the offer, which was tendered prior to a hearing on the defendant's dispositive motion to suppress, was clearly and effectively withdrawn after that motion was denied.1 See State v. Berry, 976 So. 2d 645 (Fla. 3d DCA 2008); State v. Watson, 971 So. 2d 946, 947 (Fla. 3d DCA 2007). Hence, the departure sentence is vacated and the cause is remanded MS. BEIGEL [defense attorney]: At this point, I would just like to put on the record that my client said that she would like to counteroffer with credit time served at this point. I know that was the offer before the motion. I'm hoping that just because we did the motion doesn't mean that the State is going to pull their offer. THE COURT: No. MR. AROCA [state attorney]: The State is not

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