Opinion
No. 4D99-3830.
Opinion filed August 30, 2000. JULY TERM 2000
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanley Goldstein, Judge; L.T. No. 99-6051CF10A.
Robert A. Butterworth, Attorney General, Tallahassee, and Melanie A. Dale, Assistant Attorney General, West Palm Beach, for appellant.
Richard Jorandby, Public Defender, and Sophia Letts, Assistant Public Defender, West Palm Beach, for appellee.
The state appeals from a sentence which was below the three year mandatory minimum required for sale of cocaine within 1,000 feet of a school. § 893.13(1)(c)(1), Fla. Stat. (1999). Appellee defendant concedes that the trial court erred. We accordingly reverse and remand for further proceedings, including the opportunity for appellee to withdraw his plea.
KLEIN, GROSS, JJ., and FINE, EDWARD H., Associate Judge, concur.