STATE OF FLORIDA, APPELLANT,
v.
MITIAL BERNADIN, APPELLEE
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A trial court cannot depart from a statutory minimum mandatory sentence under the authority of a drug rehabilitation provision.
Appellee was charged with purchasing cocaine near a school and pled guilty. The trial court withheld adjudication and sentenced him to probation, depa…
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PER CURIAM.
The state appeals from a sentence imposed below the guidelines range and a minimum mandatory sentence imposed by statute. We reverse.
Appellee was charged with purchasing cocaine within 1,000 feet of a school in violation of 893.13(l)(e), Fla.Stat. (1989). He pled guilty to the charge, and sought a downward departure from the three year minimum mandatory sentence imposed by that statute. The trial court withheld adjudication of guilt, sentencing appellee to three (3) years probation. The court based its departure from the guidelines and minimum mandatory sentence upon section 397.12, Florida Statutes (1989), providing for placement in a drug rehabilitation program in lieu of other sentencing alternatives.
We reverse on the authority of State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA 1989); State v. Scates, 585 So. 2d 385 (Fla. 4th DCA 1991); State v. Jenkins, 584 So. 2d 127 (Fla. 4th DCA 1991); and State v. Baumgardner, 587 So. 2d 1147 (Fla. 4th DCA 1991). We again certify the following question to be of great public importance:
MAY A TRIAL COURT PROPERLY DEPART FROM THE MINIMUM MANDATORY PROVISIONS OF SECTION 893.13(l)(e), FLORIDA STATUTES (1989), UNDER THE AUTHORITY OF THE DRUG REHABILITATION PROVISION OF SECTION 397.12, FLORIDA STATUTES (1989)?
REVERSED and QUESTION CERTIFIED.
GLICKSTEIN, C.J., and POLEN and FARMER, JJ., concur.
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Moser v. Barron Chase Sec., Inc., 783 So. 2d 231 (Fla. 2001)…rd of fees and held that because the arbitrators failed to “inform” the parties of the legal basis of an award in a multiple claim arbitration the trial court had no authority to award fees. See id. at 76. In Raymond, James & Associates v. Wieneke, 591 So. 2d 956 (Fla. 2d DCA 1991), however, the court approved an award of fees where arbitration claims were filed under both the common law and under section 517.211. In making an award for the Wienekes, the arbitrators did not specify the basis of the award, bu…
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Pharmacy Mgmt. Servs., Inc. v. Perschon, 622 So. 2d 75 (Fla. 2d DCA 1993)…ney’s fees, the arbitrators are certainly authorized to inform the parties whether the award is based upon a theory that will' entitle the claimant to an award of attorney’s fees in a subsequent court proceeding. Raymond, James & Assocs. v. Wieneke, 591 So. 2d 956 (Fla. 2d DCA 1991), review denied, 598 So. 2d 79 (Fla.1992). In this case, where the arbitrator had before him two groups of claims, one of which would support an award of attorney’s fees and one of which would not, the arbitrator failed to inform t…
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Barron Chase Sec., Inc. v. Moser, 745 So. 2d 965 (Fla. 2d DCA 1999)…ies whether the award is based upon a theory that will entitle the claimant to fees in a subsequent court proceeding. See, e.g., Pharmacy Management Serv., Inc. v. Perschon, 622 So. 2d 75 (Fla. 2d DCA 1993); Raymond, James & Assoc., Inc. v. Wieneke, 591 So. 2d 956 (Fla. 2d DCA 1991). However, rather than merely specifying the basis of their award, arbitrators have resorted to other methods of “signaling” whether the claimant prevailed on a theory which provides for attorney’s fees. See id. at 957 (where arbit…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA 1984)
- State v. Carrick A. Scates, 585 So. 2d 385 (Fla. 4th DCA 1991)
- Preston v. State, 587 So. 2d 1147 (Fla. 4th DCA 1991)
- State v. Jenkins, 584 So. 2d 127 (Fla. 4th DCA 1991)