State v. Lane, No. 90-2569

CourtFlorida District Court of Appeals
Writing for the CourtPER CURIAM
Citation582 So.2d 77
PartiesSTATE of Florida, Appellant, v. Henry LANE, Appellee. 582 So.2d 77, 16 Fla. L. Week. D1631
Decision Date19 June 1991
Docket NumberNo. 90-2569

Page 77

582 So.2d 77
STATE of Florida, Appellant,
v.
Henry LANE, Appellee.
No. 90-2569.
582 So.2d 77, 16 Fla. L. Week. D1631
District Court of Appeal of Florida,
Fourth District.
June 19, 1991.
Rehearing Denied July 25, 1991.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The state appeals an order of probation rendered by the trial court. We reverse and remand. See State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991).

Appellee was charged by information with violating section 893.13(1)(e), Florida Statutes (1989), for the alleged purchase of cocaine rocks within one thousand feet of a middle school. After a plea of nolo contendere to the charge, he was found to be drug dependent pursuant to section 397.021(6), Florida Statutes (1989), and was committed to HRS for treatment pursuant to section 397.12, Florida Statutes (1989), over the state's objection. Section 893.13(1)(e), Florida Statutes (1989), requires a mandatory minimum sentence of three calendar years for violating the statute. It provides in part:

(e) Except as authorized by this chapter, it is unlawful for any person to sell, purchase, manufacture, or deliver, or to possess with the intent to sell, purchase, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school.

(Emphasis added).

In State v. Ross, 447 So.2d 1380 (Fla. 4th DCA), rev. denied, 456 So.2d 1182 (Fla.1984), this court reversed the trial court's sentence pursuant to section 397.12, Florida Statutes (1981), because the defendant had violated section 775.087(2)(a), Florida Statutes (1981), which violation required a mandatory minimum sentence. The court said that the mandatory minimum sentence statute--enacted later than section 397.12--controlled and operated to divest the trial court of its discretionary authority to withhold imposition of sentence and place the defendant on probation.

Page 78

As in Ross, the statute under which sentence was to be imposed in the instant case is the later promulgated statute. The current section 893.13(1)(e) took effect on June 27, 1989 (Ch. 89-524, Sec. 3, Laws of Fla.). Section 397.12 first appeared in similar form in 1973 and took effect on July 1, 1973. The court said in...

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15 practice notes
  • Scates v. State, No. 78533
    • United States
    • United States State Supreme Court of Florida
    • July 23, 1992
    ...on the premise that section 893.13(1)(e)(1) required the imposition of a minimum mandatory sentence of three years. Accord State v. Lane, 582 So.2d 77 (Fla. 4th DCA1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA1991), vacated on other grounds, Baxter v. Letts, 592 So.2d 1089 (Fla.1992);......
  • State v. Manning, No. 91-0939
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 1992
    ...12, 1991); State v. Baumgardner, 587 So.2d 1147 (Fla. 4th DCA 1991); State v. Scates, 585 So.2d 385 (Fla. 4th DCA 1991); State v. Lane, 582 So.2d 77 (Fla. 4th DCA As we did in Scates, we certify the following question to the Supreme Court of Florida as one of great public importance: MAY A ......
  • State v. Scates, No. 90-3174
    • United States
    • Court of Appeal of Florida (US)
    • August 21, 1991
    ...P.A., Fort Lauderdale, for appellee. POLEN, Judge. This appeal presents a factual scenario identical to those presented in State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991), and State v. Baxter, 582 So.2d 625 (Fla. 4th DCA 1991). On the authority of both Lane and Baxter, we reverse appellee's......
  • State v. Vola, No. 91-0273
    • United States
    • Court of Appeal of Florida (US)
    • August 28, 1991
    ...section 397.12 provided a "meaningful alternative to prison." We reverse and remand for resentencing on the authority of State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991), State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991) and State v. Ross, 447 So.2d 1380 (Fla. 4th DCA 1984), rev. denied, 45......
  • Request a trial to view additional results
15 cases
  • Scates v. State, No. 78533
    • United States
    • United States State Supreme Court of Florida
    • July 23, 1992
    ...on the premise that section 893.13(1)(e)(1) required the imposition of a minimum mandatory sentence of three years. Accord State v. Lane, 582 So.2d 77 (Fla. 4th DCA1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA1991), vacated on other grounds, Baxter v. Letts, 592 So.2d 1089 (Fla.1992);......
  • State v. Manning, No. 91-0939
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 1992
    ...12, 1991); State v. Baumgardner, 587 So.2d 1147 (Fla. 4th DCA 1991); State v. Scates, 585 So.2d 385 (Fla. 4th DCA 1991); State v. Lane, 582 So.2d 77 (Fla. 4th DCA As we did in Scates, we certify the following question to the Supreme Court of Florida as one of great public importance: MAY A ......
  • State v. Scates, No. 90-3174
    • United States
    • Court of Appeal of Florida (US)
    • August 21, 1991
    ...P.A., Fort Lauderdale, for appellee. POLEN, Judge. This appeal presents a factual scenario identical to those presented in State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991), and State v. Baxter, 582 So.2d 625 (Fla. 4th DCA 1991). On the authority of both Lane and Baxter, we reverse appellee's......
  • State v. Vola, No. 91-0273
    • United States
    • Court of Appeal of Florida (US)
    • August 28, 1991
    ...section 397.12 provided a "meaningful alternative to prison." We reverse and remand for resentencing on the authority of State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991), State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991) and State v. Ross, 447 So.2d 1380 (Fla. 4th DCA 1984), rev. denied, 45......
  • Request a trial to view additional results

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