State v. Tereso

District Court of Appeal of Florida

State v. Tereso

585 So. 2d 513, 1991 Fla. App. LEXIS 9769, 1991 WL 186982

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1991

DocketNo. 91-0938

StatusPublished

This text of 585 So. 2d 513 (State v. Tereso) 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. Tereso, 585 So. 2d 513, 1991 Fla. App. LEXIS 9769, 1991 WL 186982 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

We reverse and remand to the trial court for resentencing or to permit Fernando Tereso to withdraw his guilty plea to Counts I and II of the information.

We reverse because the trial court erred in failing to impose the mandatory minimum sentence pursuant to section 893.-13(1)(e)1, Florida Statutes (Supp. II 1990). See State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991).

At Tereso’s sentencing, the trial court stated that if the state succeeded on appeal, Tereso would be permitted to withdraw his guilty plea. Accordingly, since the state has succeeded on this appeal, the trial court is directed to permit Tereso to withdraw his guilty plea if he so elects.

REVERSED AND REMANDED.

GUNTHER and STONE, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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