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State v. Padron

District Court of Appeal of Florida, Third District
Jun 25, 1991
580 So. 2d 903 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-356.

June 25, 1991.

An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Robert A. Butterworth, Atty. Gen., and Marc Brandes, Asst. Atty. Gen., Janet Reno, State Atty., and Lyann Goudie, Asst. State Atty., for appellant.

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellee.

Before HUBBART, COPE and GODERICH, JJ.


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(1)(e)(1), 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.


Summaries of

State v. Padron

District Court of Appeal of Florida, Third District
Jun 25, 1991
580 So. 2d 903 (Fla. Dist. Ct. App. 1991)
Case details for

State v. Padron

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. ROBERTO PADRON, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 25, 1991

Citations

580 So. 2d 903 (Fla. Dist. Ct. App. 1991)

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