THE STATE OF FLORIDA, APPELLANT,
v.
ROBERTO PADRON, APPELLEE
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PER CURIAM.
Upon the defendant Roberto Padron’s confession of error, which we conclude is well founded, the sentence of 120 days incarceration for the unlawful sale or purchase of cocaine within 1,000 feet of a school in violation of Section 893.13(l)(e)(l), Florida Statutes (1989), is reversed. We reach this result because a conviction under the above statute carries a minimum mandatory sentence of three (3) calendar years imprisonment, thereby making any lesser sentence, as here, legally invalid. Because the defendant entered a plea of nolo contendere below to the above charge upon the condition that he would receive a sentence of 120 days incarceration, the cause is remanded to the trial court with directions to allow the defendant to withdraw his nolo contendere plea and proceed to trial.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Hill, 585 So. 2d 504 (Fla. 3d DCA 1991)…the appellee concedes, the trial court lacked the authority to deviate from the three year minimum mandatory sentence required by section 893.13(1)(e)1, Florida Statutes (1989); State v. Rodriguez, 585 So. 2d 504 (Fla. 3d DCA 1991); State v. Padron, 580 So. 2d 903 (Fla. 3d DCA 1991); State v. Baez-Acuna, 559 So. 2d 1298 (Fla. 3d DCA 1990), the sentence is vacated and the cause remanded for further proceedings. The defendant shall be granted the opportunity to withdraw the guilty plea which was based upon the…1 / 2
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State v. Waldo Rodriguez, 585 So. 2d 504 (Fla. 3d DCA 1991)…llow the defendants to withdraw their guilty pleas entered below. Each of the defendants have filed confessions of error in this appeal, which we conclude are well founded, based on the controlling and indistinguishable authority of Padron v. State, 580 So. 2d 903 (Fla. 3d DCA 1991). The defendants pled guilty in the trial court to the offense of unlawful sale or purchase of cocaine within 1,000 feet of a school in violation of Section 893.13(1)(e)(1), Florida Statutes (1989), which carries a mandatory mini…
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State v. Mitchell, 582 So. 2d 828 (Fla. 3d DCA 1991)…PER CURIAM. Upon the appellee’s proper confession of error, predicated on the authority of State v. Padron, 580 So. 2d 903 (Fla. 3d DCA 1991), the sentence entered in this case is reversed, and this cause is remanded with directions to the trial court to give the appellee the option of either being sentenced to a guidelines sentence or withdrawing his plea of guilty and…
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