BAY COUNTY, APPELLANT,

v.

JAMES B. FENSOM, APPELLEE

Citator

Cited By

• State v. Wladimir Niemcow, 505 So. 2d 670 (Fla. 5th DCA 1987)
  …grams, a minimum term of imprisonment of fifteen years 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…
• State v. Houston, 605 So. 2d 962 (Fla. 1st DCA 1992)
  …that the trial court must impose the mandatory minimum sentences and fines pursuant to section 893.135, Florida Statutes, unless substantial assistance is provided. Zimmerman v. State, 467 So. 2d 1119 (Fla. 1st DCA 1985); see also State v. Maillis, 495 So. 2d 817 (Fla. 2d DCA 1986); Sastre v. State, 487 So. 2d 1137 (Fla. 3d DCA 1986); [*963] State v. Gallagher, 573 So. 2d 164 (Fla. 4th DCA 1991). In the instant case, the State did not move to mitigate appellee’s sentence. On the contrary, the State vehemen…

Authorities Cited

• Makemson v. Martin Cnty., 491 So. 2d 1109 (Fla. 1986)