STATE v. BERNADIN

No. 91-0422.

591 So.2d 956 (1991)

STATE of Florida, Appellant, v. Mitial BERNADIN, Appellee.

District Court of Appeal of Florida, Fourth District.

October 30, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Saltiel, Asst. Atty. Gen., West Palm Beach, for appellant.

Lisa G. Trachman, Law Offices of Lisa G. Trachman, Fort Lauderdale, for appellee.


PER CURIAM.

The state appeals from a sentence imposed below the guidelines range and a minimum mandatory sentence imposed by statute. We reverse.

Appellee was charged with purchasing cocaine within 1,000 feet of a school in violation of 893.13(1)(e), Fla. Stat. (1989). He pled guilty to the charge, and sought a downward departure from the three year minimum mandatory sentence imposed by that statute. The trial court withheld adjudication of guilt, sentencing...

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