Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

TERRIE ELLEN ENT, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Appellant Terrie Ent was sentenced to four years in prison for trafficking in cocaine in an amount over 28 but less than 400 grams. Section 893.135(1)(b)(1), Florida Statutes (1987), requires a minimum mandatory sentence of three years for this offense, and the judgment and sentence so reflect. On appeal Ent contends that Florida Rule of Criminal Procedure 3.701(d)(9) precludes the imposition of the minimum mandatory provision. We disagree. Although there is some suggestion in Bernadini v. State, 540 So.2d 132 (Fla. 5th DCA 1989), that this is surplusage when imposed in conjunction with a guideline sentence of greater duration, we do not construe that decision as entitling Ent or anyone similarly situated to any substantive relief.

Appellant's numerous other convictions and sentences are not contested on appeal and are affirmed.

Unlike Bernadini, where the provision was deemed neither "meaningful" nor "substantive," 540 So.2d at 133, the minimum mandatory imposed in McNair v. State, 540 So.2d 896 (Fla. 1st DCA 1989) affected the defendant's entitlement to gain time. § 775.087(2), Fla. Stat. (1987). In McNair the court affirmed in order to reconcile the "mutually consistent fields of operation" of the two statutes. 540 So.2d at 897.

Affirmed.

SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.

Use AI to get other relevant cases.

Comments

ENT v. STATE
(Mar 2, 1990)