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STATE v. SENICH

No. 88-0640.

543 So.2d 804 (1989)

STATE of Florida, Appellant, v. Stephen SENICH, Appellee.

District Court of Appeal of Florida, Fourth District.

As Corrected May 9, 1989.

Certification Denied June 14, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellee.

STONE, Judge.

The state appeals the imposition of a sentence, in the absence of substantial assistance, which was below the fifteen-year mandatory minimum required by section 893.135(1)(b)(3), Florida Statutes (1987). The sentence followed a plea to trafficking, and conspiracy to traffic, in four hundred or more grams of cocaine. It is undisputed that substantial assistance was not rendered. Nevertheless, the trial court sentenced the defendant to eight years in prison...

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