State v. Gallagher

Florida District Courts of Appeal
State v. Gallagher, 573 So. 2d 164 (1991)
1991 Fla. App. LEXIS 179; 1991 WL 2739
Polen, Stone, Warner

State v. Gallagher

Opinion of the Court

PER CURIAM.

We reverse the imposition of a sentence below the mandatory minimum for trafficking in marijuana in excess of one hundred but less than two thousand pounds. The state did not move to reduce the defendant’s sentence pursuant to Florida Statutes Section 893.135. Without such a motion and a finding of substantial assistance, the trial court lacked the authority to impose the reduced sentence, in the absence of bad faith on the part of the state. E.g., State v. Senich, 543 So.2d 804 (Fla. 4th DCA), rev. denied, 551 So.2d 462 (1989); State v. Taylor, 411 So.2d 993 (Fla. 4th DCA 1982).

REVERSED AND REMANDED FOR RESENTENCING.

STONE, WARNER and POLEN, JJ., concur.

Reference

Full Case Name
STATE of Florida v. Thomas GALLAGHER
Cited By
2 cases
Status
Published