Public-domain · open source
OpenJurist

590 So. 2d 1112

Gainer v. State

District Court of Appeal of Florida

Decided December 27, 1991

District Court of Appeal of Florida · decided 1991-12-27

Decided 1991-12-27

THREADGILL, Judge.

¶1The 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.

¶2At 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).

¶3Conviction affirmed; remanded for re-sentencing.

HALL, A.C.J., and ALTENBERND, J., concur.
/590/so2d/1112 · .json · Public domain