STATE v. GARCIA

No. 4-86-0959.

523 So.2d 663 (1988)

STATE of Florida, Appellant/Cross Appellee, v. Edgardo GARCIA, Appellee/Cross Appellant, and Marguerite Mary Francese, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 4, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Diane Leeds, Asst. Atty. Gen., West Palm Beach, for appellant/cross appellee.

Kenneth E. Delegal of Law Office of Kenneth E. Delegal, Fort Lauderdale, for appellee/cross appellant.


DOWNEY, Judge.

The state has appealed the sentence of the trial court, which departs from the fifteen-year prison sentence mandated by statute for a conviction of trafficking in over 400 grams of cocaine. Garcia has also cross appealed his judgment of conviction and sentence based upon the trial court's refusal to grant a continuance and its failure to give an entrapment instruction.

After a trial by jury, wherein Garcia and codefendant Francese were found...

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