State v. Hill

Full title: THE STATE OF FLORIDA, APPELLANT, v. MARY HILL, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 17, 1991

585 So. 2d 504 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-292.

September 17, 1991.

An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Robert A. Butterworth, Atty. Gen. and Barbara Arlene Fink, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GODERICH, JJ.

PER CURIAM.

Because, as the appellee concedes, the trial court lacked the authority to deviate from the three year minimum mandatory sentence required by section 893.13(1)(e)1, Florida Statutes (1989); State v. Rodriguez, 585 So.2d 504 (Fla. 3d DCA 1991); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991); State v. Baez-Acuna, 559 So.2d 1298 (Fla. 3d DCA 1990), the sentence is vacated and the cause remanded for further proceedings. The defendant shall be granted the opportunity to withdraw the guilty plea which was based upon the offer of a reduced sentence. Padron, 580 So.2d 903; Baez-Acuna, 559 So.2d at 1298.