BARBARA GRAHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-11-06
No. 91-03957
LEHAN, C.J., and PATTERSON, J„ concur.
608 So. 2d 123 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 4 cases
Topics
Sentencing Discretion Mandatory Minimum Sentence Postconviction Relief

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Opinion of the Court
ALTENBERND, Judge.

ALTENBERND, Judge.

We affirm the defendant’s judgment and sentence for purchase of cocaine within 1000 feet of a school. We note that the trial court imposed a lawful sentence of five years’ incarceration, including a thrée-year minimum mandatory term. At the time the trial court imposed this mandatory minimum term, it believed it had no discretion to do otherwise. Now it is clear that the trial court had discretion to impose a sentence that did not include the mandatory minimum term. See Scates v. State, 603 So. 2d 504 (Fla.1992).

Although we affirm this lawful sentence, we note that the trial court has the authori ty to reduce or modify this sentence for a period of sixty days following the issuance of our mandate. Fla.R.Crim.P. 3.800(b). This case is apparently the defendant’s first drug conviction. An undercover police officer selected the location for this sale, an apartment complex that happened to be approximately 650 feet from a private' school. The transaction took place on a Friday night at 11:30 p.m. Thus, it is possible that the trial court may now wish to exercise the discretion that it did not realize it had at the sentencing hearing.

Affirmed.

LEHAN, C.J., and PATTERSON, J„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Rankin v. State, 620 So. 2d 1028 (Fla. 2d DCA 1993)
    …mining that Rankin should be subjected to an enhanced penalty, our decision is without prejudice to Rankin to petition the trial court for reconsideration of the sentence, pursuant to Florida Rule of Criminal Procedure 3.800(b). Cf. Graham v. State, 608 So. 2d 123 (Fla. 2d DCA 1992).…
  • Davis v. State, 617 So. 2d 1140 (Fla. 1st DCA 1993)
    …d, given appellant’s prior record and the comments of the trial court during sentencing, that the trial court would have imposed the same sentence had it been aware that the 3-year minimum term was not mandatory. Nevertheless, as in Graham v. State, 608 So. 2d 123-24 (Fla.2d DCA1992), although we affirm the legal sentence, “we note that the trial court has the authority to reduce or modify this sentence for a period of sixty days following the issuance of our mandate. Fla.R.Crim.P. 3.800(b).” AFFIRMED. SM…

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