STATE OF FLORIDA, APPELLANT,
v.
NESTER SAMUDIO, APPELLEE
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The court held that the trial court erred in refusing to impose mandatory minimum sentences and fines for drug trafficking charges involving over 400 grams of cocaine.
[1] A trial court errs by refusing to impose a mandatory-minimum sentence when the statutory requirements for such a sentence are met.
[2] Trafficking in cocaine in excess of 400 grams requires a mandatory-minimum fifteen-year sentence.
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Join FLexlaw to unlock all legal intelligenceThe appellee was found guilty of attempted delivery, trafficking, and conspiracy to traffic cocaine, with amounts exceeding 400 grams. The trial court…
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SCHOONOVER, Judge.
Appellant, the State of Florida, appeals from the judgment and sentences imposed against appellee, Nester Samudio. We agree with the state’s contention that the trial court erred in sentencing Mr. Samu-dio, and, accordingly, we reverse. Mr. Samudio was found guilty of attempted delivery of a controlled substance, trafficking in cocaine (400 grams or more), and conspiracy to engage in trafficking in cocaine (400 grams or more). He was sentenced to serve five years on the attempted delivery charge, fifteen years on the trafficking charge, and fifteen years on the conspiracy charge. The fifteen-year sentences were to be served concurrently, and the five-year sentence was to be served consecutively to them.
The trial court refused to impose a mandatory-minimum sentence for the charges of trafficking and conspiracy, even though the amount of cocaine involved in each of the charges was in excess of 400 grams. The trial court also refused to impose a mandatory fine for either of the charges.
Since the amount of cocaine involved was in excess of 400 grams, a mandatory-minimum fifteen-year sentence and a fine of $250,000 was required for each of those charges. §§ 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 each of the two convictions, to be served concurrently, and to impose the $250,000 fines required by law.
Subject to our decision in Samudio v. State, 460 So. 2d 418, the judgment and sentences are affirmed in all other respects.
Affirmed in part, reversed in part, and remanded.
HOBSON, A.C.J., and GRIMES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Hall, 538 So. 2d 468 (Fla. 5th DCA 1989)…b), Fla.Stat. (1987). . § 893.135(1)(c)1. Fla.Stat. (1987). .§ 893.135(4), Fla.Stat. (1987); Rosa v. State, 508 So. 2d 546 (Fla. 3d DCA), rev. denied, 515 So. 2d 230 (Fla.1987); Mack v. State, 504 So. 2d 1252 (Fla. 1st DCA 1986); State v. Samudio, 460 So. 2d 419 (Fla. 2d DCA 1984). . See, e.g., §§ 775.082(1) and 775.087(2), Fla. Stat. (1987). . The maximum amount of administrative gain-time accruable is 60 days, and it is only accrued if the inmate population in Florida’s prisons reaches 98 percent of cap…
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State v. Wladimir Niemcow, 505 So. 2d 670 (Fla. 5th DCA 1987)…rs and a fine of $250,000.00 were mandated by the statute as punishment for the conspiracy to traffic in cocaine violation. §§ 893.-135(l)(b)(3), 893.135(4), Fla.Stat. (1985) See State v. Maillis, 495 So. 2d 817 (Fla. 2d DCA 1986); State v. Samudio, 460 So. 2d 419 (Fla. 2d DCA 1984). Thus, the recommended guidelines sentence is less than the mandatory penalty and under Rule 3.701(d)(9), the mandatory sentence takes precedence. While this sentence may appear harsh in this case, the legislature has indicated it…
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Nester Samudio v. State, 460 So. 2d 418 (Fla. 2d DCA 1984)…ted delivery of a controlled substance, was adjudicated guilty of that offense, and was sentenced for that offense. We, accordingly, remand this cause to the trial court for correction of the error, but subject to our decision in State v. Samudio, 460 So. 2d 419, affirm in all other respects. Affirmed in part, reversed in part, and remanded. HOBSON, A.C.J., and GRIMES, J., concur.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Taylor, 411 So. 2d 993 (Fla. 4th DCA 1982)
- State v. Bateman, 423 So. 2d 577 (Fla. 2d DCA 1982)
- Nester Samudio v. State, 460 So. 2d 418 (Fla. 2d DCA 1984)
- Martinez v. State, 417 So. 2d 770 (Fla. 2d DCA 1982)