Florida District Courts of Appeal, 1991

State v. Tereso

State v. Tereso
Florida District Courts of Appeal · Decided September 25, 1991 · Gunther, James, Stone, Walden
585 So. 2d 513; 1991 Fla. App. LEXIS 9769; 1991 WL 186982 (Southern Reporter, Second Series)

State v. Tereso

Opinion of the Court

PER CURIAM.

We reverse and remand to the trial court for resentencing or to permit Fernando Tereso to withdraw his guilty plea to Counts I and II of the information.

We reverse because the trial court erred in failing to impose the mandatory minimum sentence pursuant to section 893.-13(1)(e)1, Florida Statutes (Supp. II 1990). See State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991).

At Tereso’s sentencing, the trial court stated that if the state succeeded on appeal, Tereso would be permitted to withdraw his guilty plea. Accordingly, since the state has succeeded on this appeal, the trial court is directed to permit Tereso to withdraw his guilty plea if he so elects.

REVERSED AND REMANDED.

GUNTHER and STONE, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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