State v. Gallagher

District Court of Appeal of Florida

State v. Gallagher

573 So. 2d 164, 1991 Fla. App. LEXIS 179, 1991 WL 2739

CourtDistrict Court of Appeal of Florida

DecidedJanuary 16, 1991

DocketNo. 89-0125

StatusPublished

Cited by2 cases

This text of 573 So. 2d 164 (State v. Gallagher) 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. Gallagher, 573 So. 2d 164, 1991 Fla. App. LEXIS 179, 1991 WL 2739 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We reverse the imposition of a sentence below the mandatory minimum for trafficking in marijuana in excess of one hundred but less than two thousand pounds. The state did not move to reduce the defendant’s sentence pursuant to Florida Statutes Section 893.135. Without such a motion and a finding of substantial assistance, the trial court lacked the authority to impose the reduced sentence, in the absence of bad faith on the part of the state. E.g., State v. Senich, 543 So.2d 804 (Fla. 4th DCA), rev. denied, 551 So.2d 462 (1989); State v. Taylor, 411 So.2d 993 (Fla. 4th DCA 1982).

REVERSED AND REMANDED FOR RESENTENCING.

STONE, WARNER and POLEN, JJ., concur.

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PER CURIAM.

We reverse the imposition of a sentence below the mandatory minimum for trafficking in marijuana in excess of one hundred but less than two thousand pounds. The state did not move to reduce the defendant’s sentence pursuant to Florida Statutes Section 893.135. Without such a motion and a finding of substantial assistance, the trial court lacked the authority to impose the reduced sentence, in the absence of bad faith on the part of the state. E.g., State v. Senich, 543 So.2d 804 (Fla. 4th DCA), rev. denied, 551 So.2d 462 (1989); State v. Taylor, 411 So.2d 993 (Fla. 4th DCA 1982).

REVERSED AND REMANDED FOR RESENTENCING.

STONE, WARNER and POLEN, JJ., concur.

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Bluebook (online)

573 So. 2d 164, 1991 Fla. App. LEXIS 179, 1991 WL 2739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gallagher-fladistctapp-1991.

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