State v. Bernadin

The state appeals from a sentence imposed below the guidelines range and a minimum mandatory sentence imposed by statute. We reverse.

Appellee was charged with purchasing cocaine within 1,000 feet of a school in violation of 893.13(l)(e), Fla.Stat. (1989). He pled guilty to the charge, and sought a downward departure from the three year minimum mandatory sentence imposed by that statute. The trial court withheld adjudication of guilt, sentencing appellee to three (3) years probation. The court based its departure from the guidelines and minimum mandatory sentence upon section 397.12, Florida…