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STATE v. McKENZIE

No. 89-2006.

574 So.2d 1176 (1991)

STATE of Florida, Appellant, v. George McKENZIE, Appellee.

District Court of Appeal of Florida, Fifth District.

February 7, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellant.

Paul J. Dubbeld, Daytona Beach, for appellee.

EN BANC

DAUKSCH, Judge.

Because we find it necessary to recede from the holding in State v. Hall, 538 So.2d 468 (Fla. 5th DCA) rev. denied, 547 So.2d 1211 (Fla. 1989), we have considered this case en banc. Fla.R.App.P. 9.331(c).

The issue involves a mandatory minimum sentence for trafficking in cocaine. The trial judge imposed a four year sentence which was within the sentencing guidelines range, but refused...

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