State v. Pridgen, 91-0308

• Decision Date: 20 November 1991
• Docket Number: No. 91-0308,91-0308
• Parties: STATE of Florida, Appellant, v. Joshua PRIDGEN, Appellee. 592 So.2d 260, 16 Fla. L. Week. D2907
• Court: Florida District Court of Appeals

Page 260

592 So.2d 260

STATE of Florida, Appellant, v. Joshua PRIDGEN, Appellee.

No. 91-0308.

592 So.2d 260, 16 Fla. L. Week. D2907

District Court of Appeal of Florida, Fourth District.

Nov. 20, 1991.

Certification Denied Feb. 20, 1992.

Appeal from the Circuit Court for Broward County; J. Leonard Fleet, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Barbara A. White, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The trial court erred by sentencing the defendant to less than the mandatory minimum sentence required for a sale of cocaine within 1,000 feet of a school. We reverse and remand for a resentencing to the mandatory minimum sentence. See State v. Vola, 591 So.2d 248 (Fla. 4th DCA 1991). See also State v. Baumgardner, 587 So.2d 1147 (Fla. 4th DCA 1991); State v. Scates, 585 So.2d 385 (Fla. 4th DCA 1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991).

GUNTHER and STONE, JJ., concur.

ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge, specially concurring.

I concur, but would also certify the same issue certified by this court in State v. Scates.