KELLEY v. STATE

No. 4D00-4326.

821 So.2d 1255 (2002)

Joseph Francis KELLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 31, 2002.


Attorney(s) appearing for the Case

Dan S. Arnold, III, of Dan S. Arnold, III, P.A., Fort Lauderdale, and Terence Lenamon of Lenamon & Walsh, P.A., Miami, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Gary K. Milligan, Assistant Attorney General, Fort Lauderdale, for appellee.


FARMER, J.

Defendant appeals the trial court's sentence to 20 years imprisonment with a 15-year minimum mandatory provision for crimes of trafficking in cocaine more than 400 grams and conspiracy to traffic in cocaine. He argues that the sentencing judge had discretion to depart below the statutory minimum sentence because the amount of cocaine actually purchased, one kilogram, was the result of police inducement, defendant originally intending to purchase only an...

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