STATE v. FULTON

No. 1D03-0081.

878 So.2d 485 (2004)

STATE of Florida, Appellant, v. Annette L. FULTON, Appellee.

District Court of Appeal of Florida, First District.

August 4, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General and Daniel A. David, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.


PER CURIAM.

The state appeals an order withholding adjudication of guilt and placing the defendant on probation for the crime of trafficking in cocaine. We conclude that the mandatory minimum sentencing provisions of section 893.135(1)(b)1.a., Florida Statutes, apply and that the trial judge was therefore required to sentence the defendant to a minimum term of three years incarceration and a minimum fine in the amount of $50,000. Accordingly, we reverse.

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