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STATE v. BROWN

No. 91-2383.

599 So.2d 286 (1992)

The STATE of Florida, Appellant, v. Jerry BROWN, Appellee.

District Court of Appeal of Florida, Third District.

June 9, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Mark S. Dunn, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.

Before LEVY, GERSTEN and GODERICH, JJ.

PER CURIAM.

The defendant, Jerry Brown, pled no contest to possession with intent to sell cocaine within 1,000 feet of a school. The trial court suspended the three year minimum mandatory sentence and sentenced the defendant to a drug treatment program and three years probation. The state appealed.

Based on the existing case law, we find that the trial court erred in suspending the defendant's minimum mandatory sentence. See State v. Lane,

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