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GEMMELL v. STATE

No. 81-287.

403 So.2d 629 (1981)

Richard Christy GEMMELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 18, 1981.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Kathe Kates Davis, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

After granting the state attorney's motion to mitigate appellant's sentence on a charge of trafficking in cocaine pursuant to section 893.135(3), Florida Statutes (1979), the trial judge sentenced appellant to three years incarceration to be followed by twelve years probation. Appellant now appeals his sentence claiming that the trial judge erred in refusing to hear additional mitigating evidence offered by the defense and also claiming that section 893...

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