State v. Kena R. Mease

District Court of Appeal of Florida

State v. Kena R. Mease

200 So. 3d 161, 2016 Fla. App. LEXIS 9674, 2016 WL 3458715

CourtDistrict Court of Appeal of Florida

DecidedJune 24, 2016

Docket5D15-3093

StatusPublished

Cited by2 cases

This text of 200 So. 3d 161 (State v. Kena R. Mease) 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.

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State v. Kena R. Mease, 200 So. 3d 161, 2016 Fla. App. LEXIS 9674, 2016 WL 3458715 (Fla. Ct. App. 2016).

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Opinion

PER CURIAM.

The State of Florida appeals the trial court’s sentencing of Appellee, Kena R. Mease, following her conviction for trafficking in methamphetamine. Mease cross-appeals her conviction and sentence, challenging the trial court’s denial of her motion for judgment of acquittal. We affirm the issue on cross-appeal without discussion. Finding that the trial court erred as a matter of law by sentencing Mease below the statutory mandatory minimum, we reverse and remand for resentencing consistent with this opinion.

Section 893.135(l)(f)(l)(b), Florida Statutes (2015), provides that a person convicted of trafficking in methamphetamine in an amount greater than 28 grams, but less than 200 grams, “shall be sentenced to a mandatory minimum term of imprisonment of 7 years” and “shall be ordered to pay a fine of $100,000.” Interpreting see *162 tion 893.135, our court, as well as every one of our sister courts, has concluded that the trial court lacks discretion to sentence a defendant below the mandatory minimum. See Plummer v. State, 121 So.3d 1129, 1130 (Fla. 1st DCA 2013); State v. DeMille, 890 So.2d 454, 455 (Fla. 2d DCA 2004); State v. Delgado, 717 So.2d 1053, 1053 (Fla. 4th DCA 1998); Lopez v. State, 555 So.2d 1298, 1299 (Fla. 3d DCA 1990); State v. Row, 478 So.2d 430, 431 (Fla. 5th DCA 1985). As our court has explained, “mandatory minimum sentencing enhancements are nondiscretionary and, therefore, trial courts lack the authority to refuse to apply them.” State v. Kremer, 114 So.3d 420, 421 (Fla. 5th DCA 2013) (citations omitted).

Based on the foregoing, we reverse Mease’s sentence for trafficking in methamphetamine and remand for resentencing in accordance with the statutory mandatory minimum. We affirm in all other respects.

AFFIRMED in part; REVERSED in part; REMANDED for resentencing.

SAWAYA, COHEN, and WALLIS, JJ., concur.

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PER CURIAM.

The State of Florida appeals the trial court’s sentencing of Appellee, Kena R. Mease, following her conviction for trafficking in methamphetamine. Mease cross-appeals her conviction and sentence, challenging the trial court’s denial of her motion for judgment of acquittal. We affirm the issue on cross-appeal without discussion. Finding that the trial court erred as a matter of law by sentencing Mease below the statutory mandatory minimum, we reverse and remand for resentencing consistent with this opinion.

Section 893.135(l)(f)(l)(b), Florida Statutes (2015), provides that a person convicted of trafficking in methamphetamine in an amount greater than 28 grams, but less than 200 grams, “shall be sentenced to a mandatory minimum term of imprisonment of 7 years” and “shall be ordered to pay a fine of $100,000.” Interpreting see *162 tion 893.135, our court, as well as every one of our sister courts, has concluded that the trial court lacks discretion to sentence a defendant below the mandatory minimum. See Plummer v. State, 121 So.3d 1129, 1130 (Fla. 1st DCA 2013); State v. DeMille, 890 So.2d 454, 455 (Fla. 2d DCA 2004); State v. Delgado, 717 So.2d 1053, 1053 (Fla. 4th DCA 1998); Lopez v. State, 555 So.2d 1298, 1299 (Fla. 3d DCA 1990); State v. Row, 478 So.2d 430, 431 (Fla. 5th DCA 1985). As our court has explained, “mandatory minimum sentencing enhancements are nondiscretionary and, therefore, trial courts lack the authority to refuse to apply them.” State v. Kremer, 114 So.3d 420, 421 (Fla. 5th DCA 2013) (citations omitted).

Based on the foregoing, we reverse Mease’s sentence for trafficking in methamphetamine and remand for resentencing in accordance with the statutory mandatory minimum. We affirm in all other respects.

AFFIRMED in part; REVERSED in part; REMANDED for resentencing.

SAWAYA, COHEN, and WALLIS, JJ., concur.

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200 So. 3d 161, 2016 Fla. App. LEXIS 9674, 2016 WL 3458715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kena-r-mease-fladistctapp-2016.

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