State v. Gallagher

District Court of Appeal of Florida

Decided January 16, 1991

District Court of Appeal of Florida · decided 1991-01-16

Cited by 2 later decisions — most recently July 2002

2 state decisions

Key passage — most relied on by later courts

“[w]ithout such a motion and a finding of substantial assistance, the trial court lacked the authority to impose the reduced sentence”

quoted by 1 later decision, including Kelley v. State

Relies on In re Amendment to Florida Probate Rule—Part III (Guardianship) · State v. Taylor · 543 So. 2d 804 - State v. Senich

Good law ✅— No negative treatment on recordhow we know

Decided 1991-01-16

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PER CURIAM.

¶1We 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).

¶2REVERSED AND REMANDED FOR RESENTENCING.

STONE, WARNER and POLEN, JJ., concur.