State v. Lapica-Falcon

CAMPBELL, Acting Chief Judge.

Appellant, State of Florida, appeals the trial court order that reduced appellee’s sentence from five years in prison to three- and-one-half years in prison.

The state argues: (1) The trial court lacked jurisdiction to rule on a motion to mitigate sentence; and (2) the trial court erred in departing downward from appel-lee’s five-year sentence. We find reversible error in the first issue, making the second issue moot.

The trial court found appellee guilty of possession of cocaine, delivery of cocaine and conspiracy to traffic in cocaine on February 12,1985. The…