STATE v. BAXTER

No. 90-3175.

581 So.2d 937 (1991)

STATE of Florida, Appellant, v. Joseph BAXTER, Appellee.

District Court of Appeal of Florida, Fourth District.

On Motion to Vacate Opinion July 16, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellant.

No appearance for appellee.


PER CURIAM.

The state appeals appellee's sentence to probation. He plead guilty to purchasing cocaine within 1,000 feet of a school which called for a three year mandatory minimum sentence. § 893.13(1)(3)1, Fla. Stat. (1989). His recommended guidelines sentence was five and one half to seven years in jail. The trial judge relied on section 397.12 of the Florida Statutes and appellee's drug and alcohol addiction...

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