State v. Brown

District Court of Appeal of Florida

State v. Brown

599 So. 2d 286, 1992 Fla. App. LEXIS 6641, 1992 WL 123441

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1992

DocketNo. 91-2383

StatusPublished

Cited by1 cases

This text of 599 So. 2d 286 (State v. Brown) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Brown, 599 So. 2d 286, 1992 Fla. App. LEXIS 6641, 1992 WL 123441 (Fla. Ct. App. 1992).

Pincite

Opinion

PER CURIAM.

The defendant, Jerry Brown, pled no contest to possession with intent to sell cocaine within 1,000 feet of a school. The trial court suspended the three year minimum mandatory sentence and sentenced the defendant to a drug treatment program and three years probation. The state appealed.

Based on the existing case law, we find that the trial court erred in suspending the defendant’s minimum mandatory sentence. See State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991), vacated on other grounds sub nom. Baxter v. Letts, 592 So.2d 1089 (Fla.1992); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991). For this reason, we reverse the trial court’s suspension of sentence, and remand this cause with instructions to impose the three year minimum mandatory sentence.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The defendant, Jerry Brown, pled no contest to possession with intent to sell cocaine within 1,000 feet of a school. The trial court suspended the three year minimum mandatory sentence and sentenced the defendant to a drug treatment program and three years probation. The state appealed.

Based on the existing case law, we find that the trial court erred in suspending the defendant’s minimum mandatory sentence. See State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991), vacated on other grounds sub nom. Baxter v. Letts, 592 So.2d 1089 (Fla.1992); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991). For this reason, we reverse the trial court’s suspension of sentence, and remand this cause with instructions to impose the three year minimum mandatory sentence.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

599 So. 2d 286, 1992 Fla. App. LEXIS 6641, 1992 WL 123441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-fladistctapp-1992.

Opinion

Related

Cite This Page — Counsel Stack