State v. Agerton

ORFINGER, Judge.

The State appeals from an order mitigating defendant’s mandatory minimum sentence. We reverse.

The defendant and three others were charged with trafficking in cocaine in an amount of 400 grams or more in violation of section 893.135(l)(b)(3), Florida Statutes (1985).1 Agerton was also charged with possession of a machine gun. The case against Agerton was later severed from that of his codefendants.

As part of a plea bargain, Agerton entered a plea of guilty to possession of the machine gun and to a violation of section 893.135(l)(b)(2), which carries a lesser penalty.2 At the…