STATE OF FLORIDA, APPELLANT,
v.
EDWARD JOSEPH BRAGG, APPELLEE
STATE OF FLORIDA, APPELLANT,
EDWARD JOSEPH BRAGG, APPELLEE
516 So. 2d 78
Florida District Court of Appeal, Fifth District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
COBB, Judge.
The state appeals the trial court’s dismissal of a count in an information charging appellee Edward Joseph Bragg with delivery of cannabis to a minor. The issue in this appeal is whether Bragg, age 18 years and 3 months at the time of the offense, could have violated section 893.13(l)(c), Florida Statutes (1985), which provides:
Except as authorized by this chapter, it is unlawful for any person over the age of 18 years to deliver any controlled substance to a person under the age of 18 years.
The trial court interpreted this proviso to exclude persons who had not reached their 19th birthday. A common sense reading of the proviso shows that the legislature intended the dividing line to be the 18th birthday. Accordingly, we reverse.
REVERSED.
ORFINGER and SHARP, JJ., concur.
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Schurman v. State, 522 So. 2d 1026 (Fla. 2d DCA 1988)…essed by this court. Appellant s first argument is that the trial court’s sole reason for departing from the guidelines — lying about his prior record — is invalid. This court has previously decided this issue in appellant’s favor. Smith v. State, 516 So. 2d 78 (Fla. 2d DCA 1987); Davis v. State, 509 So. 2d 1329 (Fla. 2d DCA 1987); Anderson v. State, 503 So. 2d 388 (Fla. 2d DCA 1987); Denson v. State, 493 So. 2d 60 (Fla. 2d DCA 1986). Accordingly, we reverse appellant’s sentence and remand for resentencing…
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Jones v. State, 524 So. 2d 1115 (Fla. 2d DCA 1988)…erms of plea negotiation — she did.” As appellee concedes, failure to abide by the stipulation and truthfully disclose prior convictions is not a sufficient reason for departure. See Williams v. State, 500 So. 2d 501 (Fla.1986) and Smith v. State, 516 So. 2d 78 (Fla. 2d DCA 1987). Therefore, the sentence is reversed and the cause remanded for resentencing within the guidelines. RYDER, A.C.J., CAMPBELL and LEHAN, JJ., concur.…