STATE OF FLORIDA, APPELLANT,
v.
JOSEPH BAXTER, APPELLEE
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A trial judge cannot depart downward from a mandatory minimum sentence, even for valid reasons like addiction.
The state appeals a probationary sentence for a defendant who pleaded guilty to purchasing cocaine near a school, which carried a mandatory minimum se…
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PER CURIAM.
The state appeals appellee’s sentence to probation. He plead guilty to purchasing cocaine within 1,000 feet of a school which called for a three year mandatory minimum sentence. § 893.13(1)(3)1, Fla.Stat. (1989). His recommended guidelines sentence was five and one half to seven years in jail. The trial judge relied on section 397.12 of the Florida Statutes and appellee’s drug and alcohol addiction as the reasons for the downward departure. We reverse and remand with directions to the trial judge to sentence appellee to the mandatory minimum sentence.
A defendant’s drug and alcohol addiction can be valid reasons for a downward departure under the sentencing guidelines. Barbera v. State, 505 So. 2d 413 (Fla.1987). However, a mandatory sentence takes precedence over a guideline sentence. Fla.R.Crim.P. 3.701 d.9. Therefore, a trial judge cannot downward depart from a mandatory sentence even with valid reasons for departure.
Further, section 397.12 only relates to defendants who have been convicted of possessing illegal drugs. State v. Edwards, 456 So. 2d 575 (Fla. 2d DCA 1984); see also State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA), review denied, 456 So. 2d 1182 (Fla.1984) (section 397.12 not exception to mandatory minimum sentence for firearms violations). Thus, the trial judge had no authority to sentence appellant under that section.
REVERSED AND REMANDED WITH DIRECTIONS FOR RESENTENCING.
LETTS, GUNTHER and GARRETT, JJ., concur. ON MOTION TO VACATE DECISION
ORDERED that appellee’s June 21, 1991 motion to vacate decision and appoint counsel for appellee, an indigent is hereby denied without prejudice to appellee to seek postconviction relief in the trial court.
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Carrick A. Scates v. State, 603 So. 2d 504 (Fla. 1992)…tutes (1989).1 The Fourth District Court of Appeal reversed on the premise that section 893.-13(l)(e)(l) required the imposition of a minimum mandatory sentence of three years. Accord State v. Lane, 582 So. 2d 77 (Fla. 4th DCA1991); State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA1991), vacated on other grounds, Baxter v. Letts, 592 So. 2d 1089 (Fla.1992); State v. Liataud, 587 So. 2d 1155 (Fla. 4th DCA1991), review granted, 593 So. 2d 1052 (Fla.1992). Section 893.13(l)(e)(l) provides that individuals convicted…
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State v. Lane, 582 So. 2d 77 (Fla. 4th DCA 1991)…PER CURIAM. The state appeals an order of probation rendered by the trial court. We reverse and remand. See State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991). Appellee was charged by information with violating section 893.13(l)(e), Florida Statutes (1989), for the alleged purchase of cocaine rocks within one thousand feet of a middle school. After a plea of nolo conten-dere to the1 c…
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State v. Liataud, 587 So. 2d 1155 (Fla. 4th DCA 1991)…PER CURIAM. Reversed and remanded for further proceedings in accord with this court’s opinion in State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA, 1991). HERSEY and WARNER, JJ., concur. ANSTEAD, J., specially concurring.…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA 1984)
- State v. Edwards, 456 So. 2d 575 (Fla. 2d DCA 1984)