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QUINONES v. STATE

No. 83-1009.

448 So.2d 608 (1984)

Lazro QUINONES, Fausto Pedro Astudillo, Angel Rafael Verdecia and Felipe Gonzalez, Appellants, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 17, 1984.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, Kurt Marmar and John H. Lipinski, Sp. Asst. Public Defenders, for appellants.

Jim Smith, Atty. Gen., Michael J. Neimand, Asst. Atty. Gen., and Lawrence G. Price, Certified Legal Intern, for appellee.

Before HUBBART, BASKIN and JORGENSON, JJ.

PER CURIAM.

The sentences which are under review by this appeal are reversed and the cause is remanded to the trial court for re-sentencing upon a holding that: (1) a trial court has discretionary authority to rule on the state's motion to reduce sentence based on the defendant's substantial assistance to the state pursuant to Section 893.135(3), Florida Statutes (1981), and is not bound by the state's recommendation as...

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