State v. Randall

RYDER, Judge.

The state attacks the trial court’s decision to impose a downward departure sentence in this prosecution for sale of cocaine within 1000 feet of a school. Randall pled nolo contendere to several violations of section 893.13(l)(e)l., Florida Statutes (1991), and was sentenced to two years’ community control followed by three years’ probation. We agree with the state that the trial court abused its discretion in departing downward from the minimum sentence for sale of drugs mandated by this statute. We reverse and remand for resentencing.

Randall lived within 1000 feet of a school.…