State v. Francois

The State appeals from a sentencing order departing downward from the minimum mandatory sentence of three years as provided by Ch. 93-406, § 22 at 2948, Laws of Florida.1

The defendant was charged by two-count information with the unlawful sale or purchase of cocaine on or near school property on or about October 15, 1993, and possession of cocaine on or about October 15, 1993. Subsequently, the defendant entered a plea of nolo contendere. Over State objection, the court withheld adjudication and sentenced the defendant to a downward drug departure sentence of one year of probation with the…