STATE OF FLORIDA, APPELLANT,
v.
THOMAS GALLAGHER, APPELLEE
STATE OF FLORIDA, APPELLANT,
THOMAS GALLAGHER, APPELLEE
573 So. 2d 164
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the imposition of a sentence below the mandatory minimum for trafficking in marijuana in excess of one hundred but less than two thousand pounds. The state did not move to reduce the defendant’s sentence pursuant to Florida Statutes Section 893.135. Without such a motion and a finding of substantial assistance, the trial court lacked the authority to impose the reduced sentence, in the absence of bad faith on the part of the state. E.g., State v. Senich, 543 So. 2d 804 (Fla. 4th DCA), rev. denied, 551 So. 2d 462 (1989); State v. Taylor, 411 So. 2d 993 (Fla. 4th DCA 1982).
REVERSED AND REMANDED FOR RESENTENCING.
STONE, WARNER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kelley v. State, 821 So. 2d 1255 (Fla. 4th DCA 2002)…ng because “[t]he inclusion in section 893.135 of the proscription against suspending, deferring or withholding the mandatory penalty reflects a legislative intent to strengthen the punishment for large scale drug trafficking.”); State v. Gallagher, 573 So. 2d 164 (Fla. 4th DCA 1991) (reversing the imposition of a sentence below the mandatory minimum for trafficking in marijuana in excess of one hundred but less than two thousand pounds where the state did not move to reduce the defendant’s sentence pursuant…
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State v. Houston, 605 So. 2d 962 (Fla. 1st DCA 1992)…atutes, 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 vehemently opposed any mitigation in appellee’s sentence. Absent a representation by the State that appellee rendered subs…
Authorities Cited
- State v. Taylor, 411 So. 2d 993 (Fla. 4th DCA 1982)
- State v. Senich, 543 So. 2d 804 (Fla. 4th DCA 1989)