STATE v. JOHNSON

No. 92-0306.

627 So.2d 98 (1993)

STATE of Florida, Appellant, v. Wilton JOHNSON, Appellee.

District Court of Appeal of Florida, Fourth District.

November 24, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

Ian S. Seitel of Ian S. Seitel, P.A., Fort Lauderdale, for appellee.


PER CURIAM.

Appellee was sentenced for delivery of, and possession with intent to sell, cocaine within one thousand feet of a school, in violation of section 893.13(1)(e)1, Florida Statutes (1989). That statute imposes a three year minimum sentence. The trial court sentenced Appellee to three and one-half years in prison, but did not designate that the statutorily required minimum three-year sentence was applied. The state appeals, arguing that the box on the printed...

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