¶1Because, as the appellee concedes, the trial court lacked the authority to deviate from the three year minimum mandatory sentence required by section 893.13(1)(e)1, Florida Statutes (1989); State v. Rodriguez, 585 So.2d 504 (Fla. 3d DCA 1991); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991); State v. Baez-Acuna, 559 So.2d 1298 (Fla. 3d DCA 1990), the sentence is vacated and the cause remanded for further proceedings. The defendant shall be granted the opportunity to withdraw the guilty plea which was based upon the offer of a reduced sentence. Padron, 580 So.2d 903; Baez-Acuna, 559 So.2d at 1298.
585 So. 2d 504
State v. Hill
District Court of Appeal of Florida
Decided September 17, 1991
District Court of Appeal of Florida · decided 1991-09-17
Relies on State v. Padron · 559 So. 2d 1298 - State v. Baez-Acuna
Decided 1991-09-17