EMORY J. FRAME, APPELLANT,
v.
DEPARTMENT OF ADMINISTRATION, DIVISION OF RETIREMENT, APPELLEE

Fla. 1st DCA | 1985-05-09
No. BD-332
ERVIN, C.J., and WENTWORTH and BARFIELD, JJ., concur.
469 So. 2d 862 Florida District Court of Appeal, First District (1985) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Fiorentino v. Department of Administration, Division of Retirement, 463 So. 2d 338 (Fla. 1st DCA 1985).

ERVIN, C.J., and WENTWORTH and BARFIELD, JJ., concur.


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  • Munroe v. State, 514 So. 2d 397 (Fla. 1st DCA 1987)
    …ifteen year mandatory minimum by the addition of three years. We again apply the principle that when the mandatory minimum sentence is greater than the recommended sentence, the statutory sentence becomes the presumptive sentence. Wetherby v. State, 469 So. 2d 862 (Fla. 1st DCA 1985). Thus, for the trial court properly to enhance the presumptive sentence, it was required to express clear and convincing reasons for the extended period. Pedraza v. State, 493 So. 2d 1122 (Fla. 3d DCA 1986), rev. denied, 504 So.…
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    …Fla. 2d DCA 1986); see also, Allen v. State, 479 So. 2d 257 (Fla. 2d DCA 1985). The trial court, furthermore, was not required to provide any written reason for its imposition of the minimum mandatory sentence for that charge. See Wetherby v. State, 469 So. 2d 862 (Fla. 1st DCA 1985). The conviction for conspiracy to sell or deliver cocaine (count II), a violation of sections 777.011, 777.04, and 893.13(l)(a)(l), Florida Statutes (1983), however, carried no minimum mandatory sentence. Consequently, the separa…
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