RAYMOND MARTINEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Finding no error in the trial court’s refusal to dismiss the informations against appellant and there being no proper showing of prejudice to appellant1 due to the trial court’s failure to fully comply with Florida Rule of Criminal Procedure 3.172(c)(i), we affirm the judgments of guilt against appellant, albeit without prejudice to his filing a Rule 3.850 motion challenging the voluntariness of his plea.
However, the single sentence imposed on the two counts against appellant is an illegal general sentence and must be corrected. Dorfman v. State, 351 So. 2d 954 (Fla.1977); Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975). In addition, the mandatory three-year minimum sentence for trafficking in cannabis required by Section 893.135(l)(a)l., Florida Statutes (1979) should be included in the sentence. Accordingly, the sentence is vacated and the cause remanded for resentencing. Appellant need not be present at resentencing.
OTT, C. J., and HOBSON and BOARD-MAN, JJ., concur. . A showing of prejudice is mandated by Florida Rule of Criminal Procedure 3.172(i).
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Caristi v. State, 578 So. 2d 769 (Fla. 1st DCA 1991)…ause these grounds could have been raised at sentencing and on direct appeal, citing “Mickens v. State, [562 So. 2d 856] 15 F.L.W. D1661 (Fla. 1st DCA June 21, 1990) (issue raised sua sponte by court where Anders brief was filed); Martinez v. State, 417 So. 2d 770 (Fla. 2d DCA 1982) (issue implicitly raised by defendant); and Robinson v. State, 373 So. 2d 898, 903 (Fla.1979), where the court held that ‘a defendant’s right to appeal from a guilty plea is limited to a class of issues which occur contemporaneous…
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State v. Nester Samudio, 460 So. 2d 419 (Fla. 2d DCA 1984)…893.135(l)(b)3 and 893.135(4), Fla.Stat. (1983). Because the trial court refused to impose the appropriate sentences and fines, we must reverse and remand for resentencing. See State v. Bateman, 423 So. 2d 577 (Fla. 2d DCA 1982); Martinez v. State, 417 So. 2d 770 (Fla. 2d DCA 1982); State v. Taylor, 411 So. 2d 993 (Fla. 4th DCA 1982). We, therefore, reverse the sentences entered herein and remand with directions that the trial court sentence appellee to serve a mandatory-minimum term of fifteen years for ea…
Authorities Cited
- Dorfman v. State, 351 So. 2d 954 (Fla. 1977)
- Darden v. State, 306 So. 2d 581 (Fla. 2d DCA 1975)