STATE v. ANDREWS

No. 4D02-4451.

875 So.2d 686 (2004)

STATE of Florida, Appellant, v. Telly Lenard ANDREWS, Appellee.

District Court of Appeal of Florida, Fourth District.

June 2, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Frank J. Ingrassia, Assistant Attorney General, Fort Lauderdale, for appellant.

Valentin Rodriguez of Valentin Rodriguez, P.A., West Palm Beach, and Jonathan Kaplan of Kaplan and Hutchinson, P.A., West Palm Beach, for appellee.


GROSS, J.

The state appeals Telly Lenard Andrews's departure sentence imposed by the circuit court after a jury trial. Andrews cross-appeals his conviction for aggravated assault on a law enforcement officer. We affirm the conviction and reverse the sentence for the imposition of the mandatory minimum sentence required by statute, with appropriate credits for time served.

This was Andrews's second trial. In his first trial, he was charged with attempted first...

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