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PHILIUS v. STATE

No. 1D06-1555.

936 So.2d 730 (2006)

Jynio PHILIUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 17, 2006.

Attorney(s) appearing for the Case

Jeffrey Schwarz, of Schwarz & Arrick, P.A., North Miami Beach, for Appellant.

Charlie Crist, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant appeals the trial court's summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant's three-year mandatory minimum sentence is not authorized by the statute which he was convicted of violating, we reverse.

The appellant was charged with and pled no contest to violating section 893.13(6)(c), Florida Statutes (2003). Section 893.13(6)(c) states that any person who...

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