Florida District Courts of Appeal, 1998

Shuler v. State

Shuler v. State
Florida District Courts of Appeal · Decided June 10, 1998 · Gersten, Levy, Shevin
712 So. 2d 442; 1998 Fla. App. LEXIS 6590; 1998 WL 299814 (Southern Reporter, Second Series)

Shuler v. State

Opinion of the Court

PER CURIAM.

Robert Shuler, Jr., appeals a conviction and sentence for trafficking in cocaine. We affirm the conviction and vacate the sentence in part.

We affirm Shuler’s conviction, finding no reversible error as to the trial court’s eviden-tiary ruling. State v. DiGuilio, 491 So.2d *4431129 (Fla. 1986). However, we vacate the thirty year minimum mandatory sentence imposed in this case. Section 775.084(4)(b)l., Florida Statutes (1995), only permits a fifteen year minimum mandatory sentence for a first degree felony. Therefore, Shuler’s minimum mandatory sentence is hereby vacated, and, on remand, the court shall correct the sentence to reflect only a fifteen year minimum mandatory provision. Defendant need not be physically present for the court to make this correction.

Conviction affirmed; minimum mandatory sentence vacated; remanded for resentenc-ing.

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