MONTOYA v. STATE

No. 87-1674.

537 So.2d 629 (1988)

Maria MONTOYA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 1, 1989.


Attorney(s) appearing for the Case

Daniel F. Daly and Norman S. Cannella of Norman S. Cannella, P.A., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

Appellant, Maria Montoya, was convicted of trafficking in more than four hundred grams of cocaine and was sentenced to serve thirty years in prison and to pay a $250,000 fine. On appeal, she challenges both her conviction and sentence. We find merit only in Montoya's sentencing issue.

The trial court departed upward from the minimum mandatory sentence of fifteen years prescribed by section 893.135(1)(b)(3), Florida Statutes (1987...

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