STATE v. GALLAGHER

No. 89-0125.

573 So.2d 164 (1991)

STATE of Florida, Appellant, v. Thomas GALLAGHER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 13, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert and Michael H. Greenfield, Asst. Attys. Gen., West Palm Beach, for appellant.

Kent Harrison Robbins, Miami Beach, for appellee.


PER CURIAM.

We reverse the imposition of a sentence below the mandatory minimum for trafficking in marijuana in excess of one hundred but less than two thousand pounds. The state did not move to reduce the defendant's sentence pursuant to Florida Statutes Section 893.135. Without such a motion and a finding of substantial assistance, the trial court lacked the authority to impose the reduced sentence, in the absence of bad faith on the part of the state. E.g.,...

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