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STATE v. AGERTON

No. 87-1063.

523 So.2d 1241 (1988)

STATE of Florida, Appellant, v. Kem Lowe AGERTON, Appellee.

District Court of Appeal of Florida, Fifth District.

April 21, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellant.

Mark S. Blechman of Lubet & Woodard, P.A., Orlando, for appellee.

ORFINGER, Judge.

The State appeals from an order mitigating defendant's mandatory minimum sentence. We reverse.

The defendant and three others were charged with trafficking in cocaine in an amount of 400 grams or more in violation of section 893.135(1)(b)(3), Florida Statutes (1985).1 Agerton was also charged with possession of a machine gun. The case against Agerton was later severed from that of his codefendants.

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