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STATE v. BATEMAN

No. 81-2580.

423 So.2d 577 (1982)

STATE of Florida, Appellant, v. Carlos BATEMAN, Appellee.

District Court of Appeal of Florida, Second District.

December 17, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Ann G. Paschall, Asst. Atty. Gen., Tampa, for appellant.

L. Mark Dachs, Miami, for appellee.

HOBSON, Acting Chief Judge.

The State appeals an order which sentenced Carlos Bateman to less than the mandatory minimum for a conviction for drug trafficking in violation of section 893.135(1), Florida Statutes (1981), despite the state attorney's refusal to move for a reduction of the mandatory minimum pursuant to section 893.135(3). We reverse.

Appellee and several others were charged with trafficking in cocaine in excess of 400 grams, in violation of section...

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