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STATE v. TERESO

No. 91-0938.

585 So.2d 513 (1991)

STATE of Florida, Appellant, v. Fernando TERESO, Appellee.

District Court of Appeal of Florida, Fourth District.

September 25, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

Robert H. Trachman, Law Offices of Robert H. Trachman, Fort Lauderdale, for appellee.

PER CURIAM.

We reverse and remand to the trial court for resentencing or to permit Fernando Tereso to withdraw his guilty plea to Counts I and II of the information.

We reverse because the trial court erred in failing to impose the mandatory minimum sentence pursuant to section 893.13(1)(e)1, Florida Statutes (Supp. II 1990). See State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991).

At Tereso's sentencing, the...

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