Mitchell v. State

COWART, Judge.

Defendant appeals his conviction of trafficking in cannabis in violation of sections 893.135, 893.03(l)(c), 893.13(l)(a)2., Florida Statutes (1985).

The defendant’s recommended guidelines sentence was three and one-half to four and one-half years. The trial court sentenced defendant to fifteen years’ incarceration and imposed a $25,000 fine listing as reasons for departure the quantity of cannabis involved and the defendant’s status as a drug dealer.

For the trial court to impose a heavier penalty based on the amount of drugs involved invades the province of the legislature which…