Florida District Courts of Appeal, 1991

Gainer v. State

Gainer v. State
Florida District Courts of Appeal · Decided December 27, 1991 · Altenbernd, Hall, Threadgill
590 So. 2d 1112; 1991 Fla. App. LEXIS 13482; 1991 WL 275555 (Southern Reporter, Second Series)

Gainer v. State

Opinion of the Court

THREADGILL, Judge.

The appellant, Willie Gene Gainer, challenges his conviction and thirty-year upward departure sentence for trafficking in more than 400 grams of cocaine. We affirm the conviction; however we find that none of the reasons given by the trial court to justify departure from the sentencing guidelines are valid. We therefore reverse the appellant’s sentence and remand for resentencing.

At resentencing, the trial court should impose the fifteen-year minimum mandatory prison term and the mandatory fine of $250,000, required by section 893.-135(l)(b)(3), Florida Statutes (1987).

Conviction affirmed; remanded for re-sentencing.

HALL, A.C.J., and ALTENBERND, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.