THE STATE OF FLORIDA, APPELLANT,
v.
LUCIEN JEAN FRANCOIS, APPELLEE
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The court held that the trial court had discretion to impose a downward departure sentence and require substance abuse treatment, even after the relevant statute was repealed.
The defendant pleaded nolo contendere to drug charges and the trial court, over the State's objection, withheld adjudication and imposed a downward de…
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PER CURIAM.
The State appeals from a sentencing order departing downward from the minimum mandatory sentence of three years as provided by Ch. 93-406, § 22 at 2948, Laws of Florida.1
The defendant was charged by two-count information with the unlawful sale or purchase of cocaine on or near school property on or about October 15, 1993, and possession of cocaine on or about October 15, 1993. Subsequently, the defendant entered a plea of nolo contendere. Over State objection, the court withheld adjudication and sentenced the defendant to a downward drug departure sentence of one year of probation with the special condition that he receive outpatient drug treatment in a program licensed by the Department of Health and Rehabilitative Services pursuant to § 397.12, Florida Statutes (1991). The State’s appeal follows.
We affirm the downward departure sentence based on the authority of Nordberg v. State, 603 So. 2d 509 (Fla.1992). Additionally, we find, that although § 397.12, Florida Statutes (1991) was repealed effective October 1, 1993, the trial court still had the discretion, pursuant to § 397.705, Florida Statutes (1993),2 to impose a downward departure sentence and to require the defendant to receive substance abuse treatment.
Accordingly, we affirm the downward departure sentence.
. Ch. 93 — 406, § 22 at 2948, Laws of Florida, amended § 893.13(l)(e)(l), Florida Statutes (1991) effective June 17, 1993, through December 31, 1993.
. In Ch. 93-39, Laws of Florida, the Florida Legislature simultaneously enacted § 397.705, Florida Statutes (1993), and repealed § 397.12, Florida Statutes (1991).
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State v. Crews, 884 So. 2d 1139 (Fla. 2d DCA 2004)…nguage in section 893.13(l)(e)(l) currently appears in section 893.13(l)(c)(l), although the statute now refers to selling, manufacturing, or delivering cocaine; not to purchasing cocaine. . This conclusion does not conflict with State v. Francois, 650 So. 2d 1131 (Fla. 3d DCA 1995). That case addressed the 1993 version of section 397.705, which still permitted a referral “instead of or in addition to final adjudication, imposition of penalty or sentence, or other action.” (Emphasis added.) The current versio…
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State v. Bazil, 703 So. 2d 1151 (Fla. 4th DCA 1997)…g decisions were based have undergone significant changes. In 1993, section 893.13(l)(e) was amended and renumbered, and section 397.12 was repealed with section 397.705 enacted in its place. See § 893.13(l)(e), Fla. Stat. (1993); State v. Francois, 650 So. 2d 1131 (Fla. 3d DCA 1995). Section 397.705, Florida Statutes (1995), provides that if “any offender ... is charged with or convicted of a crime,” the court may require the offender to undergo substance abuse treatment. Referral to such a treatment program…
Authorities Cited
- Jenkins v. State, 603 So. 2d 509 (Fla. 1992)
- Leif Nordberg v. State, 603 So. 2d 509 (Fla. 1992)