STATE v. KALOGERAS

No. 91-0286.

587 So.2d 591 (1991)

STATE of Florida, Appellant, v. Vasile KALOGERAS, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied October 23, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellant.

Marc A. Gordon of the Law Office of Gordon & Spudeas, Fort Lauderdale, for appellee.


Rehearing and Rehearing En Banc Denied October 23, 1991.

PER CURIAM.

We reverse and remand for resentencing. The trial court erred by withholding the imposition of the mandatory minimum sentence required by section 893.13(1)(e)(1), Florida Statutes (1989). Instead, the trial court placed appellee in a drug treatment program pursuant to section 397.12, Florida Statutes (1989) and on probation.

This court has previously held that a trial court cannot...

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