State v. Padron, 91-356
| Decision Date | 25 June 1991 |
| Docket Number | No. 91-356,91-356 |
| Citation | 580 So.2d 903 |
| Parties | The STATE of Florida, Appellant, v. Roberto PADRON, Appellee. 580 So.2d 903, 16 Fla. L. Week. D1671 |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.
Robert A. Butterworth, Atty. Gen., and Marc Brandes, Asst. Atty. Gen., Janet Reno, State Atty., and Lyann Goudie, Asst. State Atty., for appellant.
Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellee.
Before HUBBART, COPE and GODERICH, JJ.
Upon the defendant Roberto Padron's confession of error, which we conclude is well founded, the sentence of 120 days incarceration for the unlawful sale or purchase of cocaine within 1,000 feet of a school in violation of Section 893.13(1)(e)(1), Florida Statutes (1989), is reversed. We reach this result because a conviction under the above statute carries a minimum mandatory sentence of three (3) calendar years imprisonment, thereby making any lesser sentence, as here, legally invalid. Because the defendant entered a plea of nolo contendere below to the above charge upon the condition that he would receive a sentence of 120 days incarceration, the cause is remanded to the trial court with directions to allow the defendant to withdraw his nolo contendere plea and proceed to trial.
Reversed and remanded.
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State v. Brown
...581 So.2d 937 (Fla. 4th DCA 1991), vacated on other grounds sub nom. Baxter v. Letts, 592 So.2d 1089 (Fla.1992); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991). For this reason, we reverse the trial court's suspension of sentence, and remand this cause with instructions to impose the thr......
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State v. Hill, 91-292
...required by section 893.13(1)(e)1, Florida Statutes (1989); State v. Rodriguez, 585 So.2d 504 (Fla. 3d DCA 1991); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991); State v. Baez-Acuna, 559 So.2d 1298 (Fla. 3d DCA 1990), the sentence is vacated and the cause remanded for further proceedings......
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State v. Everett, 95-390
...furthermore, to proceed to trial on the charges filed against him. State v. Lietzau, 651 So.2d 1314 (Fla. 3d DCA 1995); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991); State v. Grononger, 615 So.2d 869 (Fla. 4th DCA Reversed and remanded with directions. ...
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State v. Rodriguez, s. 90-2048
...error in this appeal, which we conclude are well founded, based on the controlling and indistinguishable authority of Padron v. State, 580 So.2d 903 (Fla. 3d DCA 1991). The defendants pled guilty in the trial court to the offense of unlawful sale or purchase of cocaine within 1,000 feet of ......