TERRIE ELLEN ENT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida Rule of Criminal Procedure 3.701(d)(9) does not preclude the imposition of a minimum mandatory sentence when it is consistent with a guideline sentence of greater duration.
Appellant was sentenced to four years in prison for cocaine trafficking, which included a minimum mandatory sentence of three years under section 893.…
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PER CURIAM.
Appellant Terrie Ent was sentenced to four years in prison for trafficking in cocaine in an amount over 28 but less than 400 grams.1 Section 893.135(l)(b)(l), Florida Statutes (1987), requires a minimum mandatory sentence of three years for this offense, and the judgment and sentence so reflect. On appeal Ent contends that Florida Rule of Criminal Procedure 3.701(d)(9) precludes the imposition of the minimum mandatory provision. We disagree. Although there is some suggestion in Bernadini v. State, 540 So. 2d 132 (Fla. 5th DCA 1989), that this is surplusage when imposed in conjunction with a guideline sentence of greater duration, we do not construe that decision as entitling Ent or anyone similarly situated to any substantive relief.2
Affirmed.
SCHEB, A.C.J., and LEHAN and HALL, JJ., concur. . Appellant’s numerous other convictions and sentences are not contested on appeal and are affirmed.
. Unlike Bernadini, where the provision was deemed neither "meaningful” nor "substantive," 540 So. 2d at 133, the minimum mandatory imposed in McNair v. State, 540 So. 2d 896 (Fla. 1st DCA 1989) affected the defendant’s entitlement to gain time. § 775.087(2), Fla.Stat. (1987). In McNair the court affirmed in order to reconcile the "mutually consistent fields of operation" of the two statutes. 540 So. 2d at 897.
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Bergling v. State, 571 So. 2d 12 (Fla. 2d DCA 1990)…ntions concerning the convictions and, accordingly, affirm them. We also find no merit in the appellant’s contention that the court erred in imposing a mandatory minimum sentence in conjunction with the guidelines sentence he received. Ent v. State, 558 So. 2d 101 (Fla.2d DCA 1990); McNair v. State, 540 So. 2d 896 (Fla.1st DCA 1989). We agree, however, with the appellant’s contention that the court improperly departed from the guidelines when sentencing him. All of the reasons given by the trial court to su…
Authorities Cited
- McNAIR v. State, 540 So. 2d 896 (Fla. 1st DCA 1989)
- Melchor Bernadini v. State, 540 So. 2d 132 (Fla. 5th DCA 1989)