Bernadini v. State

SHARP, Chief Judge.

Bernadini appeals his sentence which was imposed after he was convicted of trafficking in cocaine in an amount exceeding twenty-eight grams in violation of section 893.135(1)(b)1, Florida Statutes, (1987). He was sentenced within the guidelines range to four years incarceration. However, the trial court imposed a three year minimum mandatory sentence within the four-year term, pursuant to section 893.-135(1)(b)1, Florida Statutes (1987).

The question in this case is whether Florida Rule of Criminal Procedure 3.701.d.9., which provides that the guidelines sentence takes…