State v. Houston

This cause is before us on appeal from a judgment and sentence. Appellee pled guilty to conspiracy to traffic in 28 or more grams of cocaine in violation of section 893.135, Florida Statutes (1989), in exchange for the State’s promise to recommend a guideline sentence and to inform the court of substantial assistance if provided. The trial court sentenced appellee to ten years’ probation.

This court has previously held that the trial court must impose the mandatory minimum sentences and fines pursuant to section 893.135, Florida Statutes, unless substantial assistance is provided. Zimmerman v.…