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Florida Statute 893.135 - Full Text and Legal Analysis
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The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 893
DRUG ABUSE PREVENTION AND CONTROL
View Entire Chapter
F.S. 893.135
893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:
(a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved:
1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.
2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.
3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.

For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a “cannabis plant” if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a cannabis plant severed from the cannabis plant is itself a cannabis plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant is a “cannabis plant” or in the charging of an offense under this paragraph. Upon conviction, the court shall impose the longest term of imprisonment provided for in this paragraph.

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of trafficking in cocaine. A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in cocaine, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

3. Any person who knowingly brings into this state 300 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., and who knows that the probable result of such importation would be the death of any person, commits capital importation of cocaine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(c)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $500,000.
2. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as described in s. 893.03(2)(a)1.g., or any salt thereof, or 28 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in hydrocodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 50 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.
c. Is 100 grams or more, but less than 300 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000.
d. Is 300 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000.
3. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 grams or more of oxycodone, as described in s. 893.03(2)(a)1.q., or any salt thereof, or 7 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in oxycodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 7 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 25 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.
c. Is 25 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000.
d. Is 100 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000.
4.a. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of:
(I) Alfentanil, as described in s. 893.03(2)(b)1.;
(II) Carfentanil, as described in s. 893.03(2)(b)6.;
(III) Fentanyl, as described in s. 893.03(2)(b)9.;
(IV) Sufentanil, as described in s. 893.03(2)(b)30.;
(V) A fentanyl derivative, as described in s. 893.03(1)(a)63.;
(VI) A controlled substance analog, as described in s. 893.0356, of any substance described in sub-sub-subparagraphs (I)-(V); or
(VII) A mixture containing any substance described in sub-sub-subparagraphs (I)-(VI),

commits a felony of the first degree, which felony shall be known as “trafficking in dangerous fentanyl or fentanyl analogues,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b. If the quantity involved under sub-subparagraph a.:
(I) Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and shall be ordered to pay a fine of $50,000.
(II) Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 20 years, and shall be ordered to pay a fine of $100,000.
(III) Is 28 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and shall be ordered to pay a fine of $500,000.
c. A person 18 years of age or older who violates sub-subparagraph a. by knowingly selling or delivering to a minor at least 4 grams of a substance or mixture listed in sub-subparagraph a. shall be sentenced to a mandatory minimum term of not less than 25 years and not exceeding life imprisonment, and shall be ordered to pay a fine of $1 million if the substance or mixture listed in sub-subparagraph a. is in a form that resembles, or is mixed, granulated, absorbed, spray-dried, or aerosolized as or onto, coated on, in whole or in part, or solubilized with or into, a product, when such product or its packaging further has at least one of the following attributes:
(I) Resembles the trade dress of a branded food product, consumer food product, or logo food product;
(II) Incorporates an actual or fake registered copyright, service mark, or trademark;
(III) Resembles candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product; or
(IV) Contains a cartoon character imprint.
5. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

6. A person who knowingly brings into this state 60 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of a person, commits capital importation of illegal drugs, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(d)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture containing phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of the first degree, which felony shall be known as “trafficking in phencyclidine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly brings into this state 800 grams or more of phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture containing phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the probable result of such importation would be the death of any person commits capital importation of phencyclidine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(e)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), commits a felony of the first degree, which felony shall be known as “trafficking in methaqualone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 200 grams or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more, but less than 25 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 25 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly brings into this state 50 kilograms or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), and who knows that the probable result of such importation would be the death of any person commits capital importation of methaqualone, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(f)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)5., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree, which felony shall be known as “trafficking in amphetamine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly manufactures or brings into this state 400 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)5., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of amphetamine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(g)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits a felony of the first degree, which felony shall be known as “trafficking in flunitrazepam,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits the first degree felony of trafficking in flunitrazepam. A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in flunitrazepam, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

(h)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), commits a felony of the first degree, which felony shall be known as “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-hydroxybutyric acid (GHB), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(i)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), commits a felony of the first degree, which felony shall be known as “trafficking in gamma-butyrolactone (GBL),” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
2. Any person who knowingly manufactures or brings into the state 150 kilograms or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-butyrolactone (GBL), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(j)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of 1,4-Butanediol as described in s. 893.03(1)(d), or of any mixture containing 1,4-Butanediol, commits a felony of the first degree, which felony shall be known as “trafficking in 1,4-Butanediol,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 kilogram or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 kilograms or more, but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.
2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of 1,4-Butanediol as described in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of 1,4-Butanediol, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(k)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of a:
a. Substance described in s. 893.03(1)(c)4., 5., 10., 11., 15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or 187.-189., a substituted cathinone, as described in s. 893.03(1)(c)191., or substituted phenethylamine, as described in s. 893.03(1)(c)192.;
b. Mixture containing any substance described in sub-subparagraph a.; or
c. Salt, isomer, ester, or ether or salt of an isomer, ester, or ether of a substance described in sub-subparagraph a.,

commits a felony of the first degree, which felony shall be known as “trafficking in phenethylamines,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. If the quantity involved under subparagraph 1.:
a. Is 10 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.
c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $250,000.
3. A person who knowingly manufactures or brings into this state 30 kilograms or more of a substance described in sub-subparagraph 1.a., a mixture described in sub-subparagraph 1.b., or a salt, isomer, ester, or ether or a salt of an isomer, ester, or ether described in sub-subparagraph 1.c., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of phenethylamines, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine under subparagraph 2.
(l)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 gram or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or of any mixture containing lysergic acid diethylamide (LSD), commits a felony of the first degree, which felony shall be known as “trafficking in lysergic acid diethylamide (LSD),” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 gram or more, but less than 5 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 5 grams or more, but less than 7 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 7 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.
2. Any person who knowingly manufactures or brings into this state 7 grams or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or any mixture containing lysergic acid diethylamide (LSD), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of lysergic acid diethylamide (LSD), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
(m)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 280 grams or more of a:
a. Substance described in s. 893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic cannabinoid, as described in s. 893.03(1)(c)190.; or
b. Mixture containing any substance described in sub-subparagraph a.,

commits a felony of the first degree, which felony shall be known as “trafficking in synthetic cannabinoids,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. If the quantity involved under subparagraph 1.:
a. Is 280 grams or more, but less than 500 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 500 grams or more, but less than 1,000 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 1,000 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $200,000.
d. Is 30 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and the defendant shall be ordered to pay a fine of $750,000.
(n)1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of:
a. A substance described in s. 893.03(1)(c)164., 174., or 175., a n-benzyl phenethylamine compound, as described in s. 893.03(1)(c)193.; or
b. A mixture containing any substance described in sub-subparagraph a.,

commits a felony of the first degree, which felony shall be known as “trafficking in n-benzyl phenethylamines,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. If the quantity involved under subparagraph 1.:
a. Is 14 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 100 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $500,000.
3. A person who knowingly manufactures or brings into this state 400 grams or more of a substance described in sub-subparagraph 1.a. or a mixture described in sub-subparagraph 1.b., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of a n-benzyl phenethylamine compound, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine under subparagraph 2.
(2) A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess, any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed.
(3) Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, except pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of imprisonment.
(4) The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.
(5) Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1).
(6) A mixture, as defined in s. 893.02, containing any controlled substance described in this section includes, but is not limited to, a solution or a dosage unit, including but not limited to, a gelatin capsule, pill, or tablet, containing a controlled substance. For the purpose of clarifying legislative intent regarding the weighing of a mixture containing a controlled substance described in this section, the weight of the controlled substance is the total weight of the mixture, including the controlled substance and any other substance in the mixture. If there is more than one mixture containing the same controlled substance, the weight of the controlled substance is calculated by aggregating the total weight of each mixture.
(7) For the purpose of further clarifying legislative intent, the Legislature finds that the opinion in Hayes v. State, 750 So. 2d 1 (Fla. 1999) does not correctly construe legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe legislative intent.
History.s. 1, ch. 79-1; s. 1, ch. 80-70; s. 2, ch. 80-353; s. 491, ch. 81-259; s. 1, ch. 82-2; s. 3, ch. 82-16; s. 53, ch. 83-215; s. 5, ch. 87-243; ss. 1, 4, ch. 89-281; s. 1, ch. 90-112; s. 3, ch. 93-92; s. 24, ch. 93-406; s. 15, ch. 95-184; s. 5, ch. 95-415; s. 54, ch. 96-388; s. 3, ch. 97-1; s. 1828, ch. 97-102; s. 23, ch. 97-194; s. 9, ch. 99-188; s. 4, ch. 2000-320; s. 2, ch. 2001-55; s. 7, ch. 2001-57; ss. 1, 2, 3, ch. 2002-212; s. 4, ch. 2003-10; s. 3, ch. 2005-128; s. 7, ch. 2008-184; s. 5, ch. 2011-73; s. 3, ch. 2011-90; s. 4, ch. 2013-29; s. 3, ch. 2014-159; s. 1, ch. 2014-176; s. 14, ch. 2015-34; s. 6, ch. 2016-13; s. 6, ch. 2016-105; s. 6, ch. 2017-1; s. 6, ch. 2017-107; s. 18, ch. 2018-13; s. 45, ch. 2019-167; s. 3, ch. 2022-129; s. 2, ch. 2023-26; s. 4, ch. 2024-20.

F.S. 893.135 on Google Scholar

F.S. 893.135 on CourtListener

Amendments to 893.135


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 893.135
Level: Degree
Misdemeanor/Felony: First/Second/Third

S893.135 1a - MARIJUANA-TRAFFIC - RENUMBERED. SEE REC # 4017 - F: F
S893.135 1a - MARIJUANA-TRAFFIC - EXCESS OF 25 LBS OR 300 PLANTS OR MORE - F: F
S893.135 1a1 - MARIJUANA-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1a2 - MARIJUANA-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1a2 - MARIJUANA - SENTENCING PROVISION ONLY - F: F
S893.135 1a3 - MARIJUANA-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1b1 - COCAINE-TRAFFIC - 28 GRAMS LESS THAN 150 KG COCAINE OR MIXTURE - F: F
S893.135 1b1b - COCAINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1b1c - COCAINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1b2 - COCAINE-TRAFFIC - 150 KG OR MORE - F: F
S893.135 1b2a - COCAINE-TRAFFIC - 150 KG OR MORE AND KILL - F: C
S893.135 1b2b - COCAINE-TRAFFIC - 150 KG OR MORE WITH LETHAL RESULT - F: C
S893.135 1b3 - COCAINE-SMUGGL - IMPORT 300 KG OR MORE KNOW DEATH MAY RESULT - F: C
S893.135 1c1 - HEROIN-TRAFFIC - 4 GRAMS TO UNDER 30 KILOGRAMS - F: F
S893.135 1c1 - OPIUM OR DERIV-TRAFFIC - 4 GRAMS TO UNDER 30 KILOGRAMS - F: F
S893.135 1c1 - DRUGS-TRAFFIC - 4 GRAMS LESS 30 KG OTHER CNTRL SUBST - F: F
S893.135 1c1a - HEROIN-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1a - OPIUM OR DERIV-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1b - HEROIN-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1b - OPIUM OR DERIV-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1c - HEROIN-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c1c - OPIUM OR DERIV-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1c2 - HEROIN-TRAFFIC - REMOVED - F: F
S893.135 1c2 - OPIUM OR DERIV-TRAFFIC - REMOVED - F: F
S893.135 1c2 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c2 - DRUGS-TRAFFIC - RENUMBERED. SEE REC # 8850 - F: F
S893.135 1c2 - DRUGS-TRAFFIC - TRAFFICKING IN HYDROCODONE 28 GRAMS OR MORE - F: F
S893.135 1c2a - HEROIN-TRAFFIC - REMOVED - F: C
S893.135 1c2a - OPIUM OR DERIV-TRAFFIC - REMOVED - F: C
S893.135 1c2a - DRUGS-TRAFFIC - REMOVED - F: C
S893.135 1c2a - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c2b - HEROIN-TRAFFIC - REMOVED - F: C
S893.135 1c2b - OPIUM OR DERIV-TRAFFIC - REMOVED - F: C
S893.135 1c2b - DRUGS-TRAFFIC - REMOVED - F: C
S893.135 1c2b - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c2c - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c2d - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c3 - HEROIN-SMUGGL - REMOVED - F: C
S893.135 1c3 - OPIUM OR DERIV-TRAFFIC - REMOVED - F: C
S893.135 1c3 - DRUGS-SMUGGLE - REMOVED - F: C
S893.135 1c3 - DRUGS-TRAFFIC - TRAFFICKING IN OXYCODONE 7 GRAMS OR MORE - F: F
S893.135 1c3a - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c3b - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c3c - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c3d - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 1c4 - DRUGS-TRAFFIC - RENUMBERED. SEE REC # 8333 - F: F
S893.135 1c4a - DRUGS-TRAFFIC - DANGEROUS FENTANYL/FENTANYL ANALOGUES 4 GRAMS+ - F: F
S893.135 1c5 - DRUGS-TRAFFIC - RENUMBERED. SEE REC # 8335 - F: C
S893.135 1c5 - DRUGS-TRAFFIC - TRAFFICKING ILLEGAL DRUGS 30 KILOGRAMS OR MORE - F: F
S893.135 1c5a - DRUGS-TRAFFIC - TRAFFIC ILLEGAL DRUGS 30KG OR MORE RESLT DEATH - F: C
S893.135 1c5b - DRUGS-TRAFFIC - TRAFFIC ILLEGAL DRUG 30KG OR MORE LETHAL RESLT - F: C
S893.135 1c6 - DRUGS-TRAFFIC - CAPITAL IMPORT ILLEG DRUGS 60 KILOGRAM OR MORE - F: C
S893.135 1d1 - SYNTH NARCOTIC-TRAFFIC - IN PHENCYCLIDINE 28 GRAMS OR OVER - F: F
S893.135 1d1b - SYNTH NARCOTIC-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1d1c - SYNTH NARCOTIC-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1d2 - DRUGS-SMUGGLE - CAPITAL IMPORT PHENCYCLIDINE 800 GRAMS OR MORE - F: C
S893.135 1e1 - DRUGS-TRAFFIC - IN METHAQUALONE 200 GRAMS OR OVER - F: F
S893.135 1e1a - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1e1b - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1e1c - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1e2 - DRUGS-SMUGGLE - CAPITAL IMPORTATION METHAQUALONE 50 KG OR MORE - F: C
S893.135 1e2 - AMPHETAMINE-MFG - DELETED - F: S
S893.135 1f1 - AMPHETAMINE-TRAFFIC - OR METHAMPHETAMINE 14 GRAMS OR OVER - F: F
S893.135 1f1a - AMPHETAMINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1f1b - AMPHETAMINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1f1c - AMPHETAMINE-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1f2 - AMPHETAMINE-SMUGGL - OR METHAMPHETAMINE IMP 400 GR MORE RESLT DEATH - F: C
S893.135 1f2 - AMPHETAMINE-MFG - CAPITAL MFG 400 GRAMS OR MORE RESULT DEATH - F: C
S893.135 1g1 - DRUGS-TRAFFIC - FLUNITRAZEPAM 4 GRAMS OR MORE - F: F
S893.135 1g1a - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1g1b - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1g1c - DRUGS-TRAFFIC - SENTENCING PROVISION ONLY - F: F
S893.135 1g2 - DRUGS-TRAFFIC - IN FLUNITRAZEPAM 30 KG OR MORE - F: F
S893.135 1g2a - DRUGS-TRAFFIC - CAPITAL 30 KG FLUNITRAZEPAM OR MORE AND KILL - F: C
S893.135 1g2b - DRUGS-TRAFFIC - IN FLUNITRAZEPAM 30 KG MORE W LETHAL RESULT - F: C
S893.135 1h1 - DRUGS-TRAFFIC - GAMMA-HYDROXYBUTYRIC ACID (GHB) 1 KG OR MORE - F: F
S893.135 1h2 - DRUGS-SMUGGLE - GAMMA-HYDROXY (GHB) 150 KG MORE RESLT DEATH - F: C
S893.135 1h2 - DRUGS-PRODUCE - GAMMA-HYDROXY (GHB) 150 KG MORE RESLT DEATH - F: C
S893.135 1i1 - DRUGS-TRAFFIC - 1KG MORE GAMMABUTYROLACTONE (GBL) - F: F
S893.135 1i2 - DRUGS-SMUGGLE - 150KG MORE GAMMABUTYROL (GBL) RESULT DEATH - F: C
S893.135 1i2 - DRUGS-PRODUCE - 150KG MORE GAMMABUTYROL (GBL) RESULT DEATH - F: C
S893.135 1j1 - DRUGS-TRAFFIC - 1,4-BUTANEDIOL 1 KG OR MORE - F: F
S893.135 1j2 - DRUGS-SMUGGLE - 1,4-BUTANEDIOL 150 KG OR MORE RESULT DEATH - F: C
S893.135 1j2 - DRUGS-PRODUCE - 1,4-BUTANEDIOL 150 KG OR MORE RESULT DEATH - F: C
S893.135 1k1 - DRUGS-TRAFFIC - PHENETHYLAMINES 10 GRAMS OR MORE - F: F
S893.135 1k3 - DRUGS-SMUGGLE - PHENETHYLAMINES 30 KILOGRAMS MORE RES DEATH - F: C
S893.135 1k3 - DRUGS-PRODUCE - PHENETHYLAMINES 30 KILOGRAMS MORE RES DEATH - F: C
S893.135 1l1 - DRUGS-TRAFFIC - 1G MORE LYSERGIC ACID DIETHYLAMIDE (LSD) - F: F
S893.135 1l2 - DRUGS-SMUGGLE - 7G MORE LYSERGIC ACID DIETH (LSD) RESULT DEATH - F: C
S893.135 1l2 - DRUGS-PRODUCE - 7G MORE LYSERGIC ACID DIETH (LSD) RESULT DEATH - F: C
S893.135 1m1 - DRUGS-TRAFFIC - TRAFFICK SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DRUGS-SELL - SALE OF SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DANGEROUS DRUGS - PURCHASE SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DRUGS-PRODUCE - MFG SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DRUGS-DELIV/DISTR - DELIVER SYNTHETIC CANNABINOIDS 280 GR OR MORE - F: F
S893.135 1m1 - DRUGS-TRAFFIC - BRING IN STATE SYNTH CANNABINOID 280GR OR MORE - F: F
S893.135 1m1 - DRUGS-POSSESS - ACTUAL CONST POSS SYNTH CANNABIN 280GR OR MORE - F: F
S893.135 1n1 - DRUGS-TRAFFIC - TRAFFIC N-BENZYL PHENETHYLAMINES 14 GR OR MORE - F: F
S893.135 1n3 - DRUGS-SMUGGLE - N-BENZYL PHENETHYLAMINE COMP 400GR MORE DEATH - F: C
S893.135 1n3 - DRUGS-PRODUCE - N-BENZYL PHENETHYLAMINE COMP 400GR MORE DEATH - F: C
S893.135 5 - HEROIN-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - OPIUM OR DERIV-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - COCAINE-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - SYNTH NARCOTIC-TRAFFIC - PHENCYCLIDINE CONSPIRE COMBINE CONFEDERATE W - F: F
S893.135 5 - DRUGS-TRAFFIC - CNTRL SUBS CONSPIRE COMBINE CONFEDERATES TO - F: F
S893.135 5 - DRUGS-TRAFFIC - IN CONTROLLED SUBSTANCE - F: F
S893.135 5 - DRUGS-TRAFFIC - METHAQUALONE CONSPIRE COMBINE CONFEDERATES TO - F: F
S893.135 5 - MARIJUANA-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - AMPHETAMINE-TRAFFIC - CONSPIRE COMBINE OR CONFEDERATES W ANOTHER TO - F: F
S893.135 5 - DRUGS-TRAFFIC - FLUNITRAZEPAM CONSPIRE COMBINE CONFEDERATE - F: F
S893.135 5 - DRUGS-TRAFFIC - GAMMA-HYDROXY (GHB) CONSP COMBINE CONFED - F: F
S893.135 5 - DRUGS-TRAFFIC - 1,4 BUTANEDIOL CONSPIRE COMBINE CONFEDERATE - F: F
S893.135 5 - DRUGS-TRAFFIC - PHENETHYLAMINES CONSPIRE COMBINE CONFEDERATE - F: F
S893.135 5 - DRUGS-TRAFFIC - GAMMA-BUTYROLACTONE (GBL) CONSP CMBINE CONFED - F: F
S893.135 5 - DRUGS-TRAFFIC - LYSERGIC ACID DIETHYLAMIDE LSD CONS COMB CONF - F: F
S893.135 5 - DRUGS-TRAFFIC - SYNTHETIC CANNABINOIDS CONSP COMBINE CONFEDERA - F: F
S893.135 5 - DRUGS-TRAFFIC - N-BENZYL PHENETHYLAMINES CONSP CMBINE CONFEDER - F: F
S893.135 7 - HEROIN-TRAFFIC - REMOVED - F: F
S893.135 7 - OPIUM OR DERIV-TRAFFIC - REMOVED - F: F
S893.135 7 - COCAINE-TRAFFIC - REMOVED - F: F
S893.135 7 - SYNTH NARCOTIC-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - MARIJUANA-TRAFFIC - REMOVED - F: F
S893.135 7 - AMPHETAMINE-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F
S893.135 7 - DRUGS-TRAFFIC - REMOVED - F: F

Cases Citing Statute 893.135

Total Results: 860

Hayes v. State

750 So. 2d 1, 1999 WL 817189

Supreme Court of Florida | Filed: Oct 7, 1999 | Docket: 1736668

Cited 134 times | Published

grams or more of hydrocodone in violation of section 893.135(1)(c)1, Florida *Page 2 Statutes (Supp. 1996)

Brooks v. State

762 So. 2d 879, 2000 WL 674581

Supreme Court of Florida | Filed: May 25, 2000 | Docket: 57131

Cited 124 times | Published

cocaine or a mixture of cocaine, in violation of section 893.135(1)(b)1., Florida Statutes (1995). To establish

Standard Jury Instructions in Crim. Cases

697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

defendant guilty. (2) TRAFFICKING IN COCAINE F.S. 893.135(1)(b) [Amended] Certain drugs and chemical substances

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

TRAFFICKING IN CANNABIS F.S. 893.135(1)(a) Certain drugs

Chicone v. State

684 So. 2d 736, 1996 WL 607302

Supreme Court of Florida | Filed: Oct 24, 1996 | Docket: 1481846

Cited 102 times | Published

the drug trafficking offenses. Id. at 114; see § 893.135, Fla. Stat. (1995). In Florida, drug trafficking

Johnson v. State

904 So. 2d 400, 2005 WL 977017

Supreme Court of Florida | Filed: Apr 28, 2005 | Docket: 1716737

Cited 99 times | Published

750 So.2d 1, 5 (Fla.1999), which held that section 893.135(1)(c)(1), Florida Statutes (Supp.1996), was

United States v. Nakey Demetruis White

837 F.3d 1225, 2016 U.S. App. LEXIS 17243, 2016 WL 5115328

Court of Appeals for the Eleventh Circuit | Filed: Sep 21, 2016 | Docket: 4424027

Cited 93 times | Published

of, 28 grams or more of cocaine.” Fla. Stat. § 893.135(l)(b)l. Punishment under the statute depends on

State v. Cotton

769 So. 2d 345, 2000 WL 766521

Supreme Court of Florida | Filed: Jun 15, 2000 | Docket: 1476653

Cited 87 times | Published

powers challenge to a drug trafficking statute (section 893.135, Florida Statutes) which established severe

State v. Weller

590 So. 2d 923, 1991 WL 231597

Supreme Court of Florida | Filed: Nov 7, 1991 | Docket: 458247

Cited 84 times | Published

400 grams or more of cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1983). This offense

In Re Standard Inst. in Crim. Cases (No. 2005-3)

969 So. 2d 245, 2007 WL 3101743

Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1403698

Cited 67 times | Published

1205 (Fla.2004)]. 25.9 TRAFFICKING IN CANNABIS § 893.135(1)(a), Fla. Stat. Certain drugs and chemical substances

United States v. Alphonso James, Jr.

430 F.3d 1150, 2005 U.S. App. LEXIS 24665, 2005 WL 3070485

Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 2005 | Docket: 2040397

Cited 65 times | Published

illegal drugs in violation of Florida Statute § 893.135. Later that year, James was again convicted in

Munoz v. State

629 So. 2d 90, 1993 WL 406367

Supreme Court of Florida | Filed: Oct 14, 1993 | Docket: 1677489

Cited 61 times | Published

sought a sentence reduction or suspension under section 893.135(3), Florida Statutes (1985), which statute

Parker v. State

406 So. 2d 1089

Supreme Court of Florida | Filed: Oct 8, 1981 | Docket: 2514054

Cited 58 times | Published

Chapter 79-1, Laws of Florida, 1979, enacted section 893.135, Florida Statutes (1979), which provides that

State v. Benitez

395 So. 2d 514

Supreme Court of Florida | Filed: Feb 12, 1981 | Docket: 1692999

Cited 54 times | Published

from a trial court order determining that section 893.135, Florida Statutes (1979) — Florida's newly-enacted

Trotter v. State

825 So. 2d 362, 2002 WL 1926682

Supreme Court of Florida | Filed: Aug 22, 2002 | Docket: 58570

Cited 48 times | Published

primary offense is drug trafficking under section 893.135, the subtotal sentence may be multiplied, at

State v. Dominguez

509 So. 2d 917, 12 Fla. L. Weekly 298

Supreme Court of Florida | Filed: Jun 18, 1987 | Docket: 1361765

Cited 43 times | Published

with trafficking in cocaine, a violation of section 893.135(1)(b), Florida *918 Statutes (1985). During

State v. Dominguez

509 So. 2d 917, 12 Fla. L. Weekly 298

Supreme Court of Florida | Filed: Jun 18, 1987 | Docket: 1361765

Cited 43 times | Published

with trafficking in cocaine, a violation of section 893.135(1)(b), Florida *918 Statutes (1985). During

Hughes v. State

901 So. 2d 837, 2005 WL 977019

Supreme Court of Florida | Filed: Apr 28, 2005 | Docket: 1216663

Cited 42 times | Published

State, 750 So.2d 1 (Fla.1999), which held that section 893.135(1)(c)(1), Florida Statutes (Supp.1996), was

Taylor v. State

818 So. 2d 544, 2002 WL 80256

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 1652812

Cited 41 times | Published

than 28 grams of methamphetamine, violating section 893.135(1)(f)(1)(a), Florida Statutes (1999). She was

United States v. Alejandro Aguilar-Ortiz

450 F.3d 1271, 2006 U.S. App. LEXIS 13459, 2006 WL 1479596

Court of Appeals for the Eleventh Circuit | Filed: May 31, 2006 | Docket: 398583

Cited 38 times | Published

more of cocaine. See Fla. Stat. § 893.135(l)(b) (2005). Aguilar-Ortiz solicited only $30

State v. Hunter

586 So. 2d 319, 1991 WL 165267

Supreme Court of Florida | Filed: Aug 29, 1991 | Docket: 1742550

Cited 37 times | Published

sixty days after imposing sentence); see also § 893.135(2), Fla. Stat. (1981) ("with respect to any person

Gartrell v. State

626 So. 2d 1364, 1993 WL 471267

Supreme Court of Florida | Filed: Nov 18, 1993 | Docket: 1685093

Cited 35 times | Published

present any evidence on the knowledge element of section 893.135(1)(b), Florida Statutes (1989), and thus her

Rotenberry v. State

468 So. 2d 971

Supreme Court of Florida | Filed: Apr 25, 1985 | Docket: 1725451

Cited 34 times | Published

controlled substance into this state. Clearly, section 893.135(1)(b), defining the crime of trafficking in

Davis v. State

804 So. 2d 400, 2001 WL 1190941

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 1334483

Cited 33 times | Published

conspired with the person trafficking in cocaine. § 893.135(1), Fla. Stat. (1997). The trial court, however

United States v. Shannon

631 F.3d 1187, 2011 WL 227677

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 2011 | Docket: 1870027

Cited 32 times | Published

Florida case law interpreting Florida Statute § 893.135(l)(b) compel the result in this case- — -namely

Gibbs v. State

698 So. 2d 1206, 1997 WL 476416

Supreme Court of Florida | Filed: Aug 21, 1997 | Docket: 2518190

Cited 31 times | Published

sentences for trafficking possession under section 893.135(1)(b), Florida Statutes (1989),[1] and simple

Bouey v. State

762 So. 2d 537, 2000 WL 707189

District Court of Appeal of Florida | Filed: Jun 2, 2000 | Docket: 1311025

Cited 30 times | Published

him as an habitual offender for violation of section 893.135(1)(b)1.a., Florida Statutes (1999). This statute

Ross v. State

528 So. 2d 1237, 1988 WL 73565

District Court of Appeal of Florida | Filed: Jul 19, 1988 | Docket: 1366952

Cited 27 times | Published

thus guilty of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1985) — upon evidence

Mitchell v. State

458 So. 2d 10

District Court of Appeal of Florida | Filed: Oct 2, 1984 | Docket: 1733120

Cited 27 times | Published

cannabis" requires in excess of 100 pounds. Section 893.135(1)(a), Florida Statutes.

Howard Owen v. Louie L. Wainwright, Terry Wayne Barnhill v. Louie L. Wainwright, Harold Owen v. Louie L. Wainwright

806 F.2d 1519, 1986 U.S. App. LEXIS 36347

Court of Appeals for the Eleventh Circuit | Filed: Dec 31, 1986 | Docket: 968272

Cited 25 times | Published

trafficking in cannabis in violation of Fla.Stat. § 893.135(l)(a) (1981). After exhausting their state remedies

Morales v. State

407 So. 2d 321

District Court of Appeal of Florida | Filed: Dec 15, 1981 | Docket: 2518719

Cited 25 times | Published

Stat. (1979)]; and (2) trafficking in marijuana [§ 893.135, Fla. Stat. (1979)] in the Circuit Court for the

Exposito v. State

891 So. 2d 525, 2004 WL 2973860

Supreme Court of Florida | Filed: Dec 23, 2004 | Docket: 1704373

Cited 24 times | Published

conviction of trafficking in cannabis under section 893.135, Florida Statutes, from fifty to twenty-five

Gonzalez v. State

449 So. 2d 882

District Court of Appeal of Florida | Filed: Apr 10, 1984 | Docket: 1325444

Cited 24 times | Published

trafficking in marijuana is a first-degree felony, Section 893.135(1)(a) Florida Statutes (1981), punishable by

State v. Yu

400 So. 2d 762

Supreme Court of Florida | Filed: May 8, 1981 | Docket: 1507124

Cited 24 times | Published

defendants' motions to dismiss and holding section 893.135, Florida Statutes (1979), unconstitutional

Franklin v. State

887 So. 2d 1063, 2004 WL 2197021

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 308391

Cited 21 times | Published

in punishment provisions. Section 9: amends section 893.135, which criminalizes trafficking in certain

Franklin v. State

887 So. 2d 1063, 2004 WL 2197021

Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 308391

Cited 21 times | Published

in punishment provisions. Section 9: amends section 893.135, which criminalizes trafficking in certain

Green v. State

839 So. 2d 748, 2003 WL 201345

District Court of Appeal of Florida | Filed: Jan 31, 2003 | Docket: 1367506

Cited 21 times | Published

Green was adjudicated guilty of violating section 893.135(1)(b)(1)(a), Florida Statutes (1999), by trafficking

Murphy v. State

511 So. 2d 397

District Court of Appeal of Florida | Filed: Sep 2, 1987 | Docket: 1339144

Cited 20 times | Published

and possession of marijuana in violation of section 893.135(1)(b)1. and section 893.13(1)(a)1., Florida

Concepcion v. State

857 So. 2d 299, 2003 WL 22259120

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 1759255

Cited 19 times | Published

the defendant knew the substance was cocaine. § 893.135(1), Fla. Stat. (1999); Chicone v. State, 684 So

Howard v. State

820 So. 2d 337, 2002 WL 429180

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1715494

Cited 19 times | Published

of $100,000 for 200 grams or more of cocaine. § 893.135(1)(b)1.b. Because the trial court did not increase

Barfield v. State

594 So. 2d 259, 1992 WL 2022

Supreme Court of Florida | Filed: Jan 9, 1992 | Docket: 1485929

Cited 19 times | Published

more but less than 200 grams. Pursuant to section 893.135(1)(b)1, Florida Statutes (1985), this is a

State v. Daophin

533 So. 2d 761, 1988 WL 110781

Supreme Court of Florida | Filed: Oct 20, 1988 | Docket: 1232428

Cited 19 times | Published

delivery in excess of 400 grams contrary to section 893.135(1)(b)3, Florida Statutes (1983). Relying on

State v. Riehl

504 So. 2d 798, 12 Fla. L. Weekly 923

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 453643

Cited 19 times | Published

with trafficking in cocaine in violation of section 893.135(1)(b), Florida Statutes (1985) and with use

O'BRIEN v. State

454 So. 2d 675

District Court of Appeal of Florida | Filed: Jul 26, 1984 | Docket: 444617

Cited 19 times | Published

felony" (trafficking in cannabis in violation of § 893.135(1)(a)1, Fla. Stat.). An alternative disposition[1]

Green v. State

667 So. 2d 208, 1995 WL 684736

District Court of Appeal of Florida | Filed: Aug 2, 1995 | Docket: 1511567

Cited 18 times | Published

trafficked in illegal drugs in violation of section 893.135, Florida Statutes (1991), by being in actual

Madrigal v. State

545 So. 2d 392, 1989 WL 59581

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 1345550

Cited 18 times | Published

than 200 and less than 400 grams pursuant to section 893.135(1)(b), Florida Statutes (1985), Madrigal and

Maugeri v. State

460 So. 2d 975, 10 Fla. L. Weekly 1

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 1765995

Cited 18 times | Published

to criminal liability for drug trafficking, section 893.135, Florida Statutes (1981) (imposing 15 year

Asmer v. State

416 So. 2d 485

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 1655109

Cited 17 times | Published

contraband alone exceeded the statutory amount. Section 893.135(1)(e) prohibits the sale of any mixture containing

State v. Werner

402 So. 2d 386

Supreme Court of Florida | Filed: Jun 25, 1981 | Docket: 1313528

Cited 17 times | Published

with trafficking in cocaine in violation of section 893.135, Florida Statutes (1979). This appeal comes

Sawyer v. Gable

400 So. 2d 992

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1677009

Cited 17 times | Published

trafficking in this contraband in violation of Section 893.135, Florida Statutes (1979). The criminal case

United States v. Tywan Hill

799 F.3d 1318, 2015 U.S. App. LEXIS 15060, 2015 WL 5023791

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2015 | Docket: 2687636

Cited 16 times | Published

conviction, in violation of Florida Statutes section 893.135(l)(b)(l), were ACCA-qualifying “serious drug

Gardner v. State

661 So. 2d 1274, 1995 WL 627460

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 1526402

Cited 16 times | Published

DAUKSCH and HARRIS, JJ., concur. NOTES [1] § 893.135, Fla. Stat. (1993). [2] § 893.13, Fla. Stat.

Hunter v. State

531 So. 2d 239

District Court of Appeal of Florida | Filed: Sep 21, 1988 | Docket: 543927

Cited 16 times | Published

imprisonment and a $250,000.00 fine. Under section 893.135(3), Florida Statutes (1985), a prosecutor may

Pursell v. State

483 So. 2d 94, 11 Fla. L. Weekly 424

District Court of Appeal of Florida | Filed: Feb 12, 1986 | Docket: 455787

Cited 16 times | Published

years. However, appellant's conviction under section 893.135(1)(b)(3), Florida Statutes (1983), required

Lopez v. State

555 So. 2d 1298, 1990 WL 4561

District Court of Appeal of Florida | Filed: Jan 23, 1990 | Docket: 1397260

Cited 15 times | Published

fine pursuant to section 893.135(1)(b)3., Florida Statutes (1987). Section 893.135(1)(b)3., Florida Statutes

Lopez v. State

555 So. 2d 1298, 1990 WL 4561

District Court of Appeal of Florida | Filed: Jan 23, 1990 | Docket: 1397260

Cited 15 times | Published

fine pursuant to section 893.135(1)(b)3., Florida Statutes (1987). Section 893.135(1)(b)3., Florida Statutes

Pama v. State

552 So. 2d 309, 1989 WL 137721

District Court of Appeal of Florida | Filed: Nov 17, 1989 | Docket: 1200784

Cited 15 times | Published

pounds but less than 10,000 pounds, pursuant to section 893.135(1)(a)2, Florida Statutes (1985) and to resentence

Bond v. State

538 So. 2d 499, 1989 WL 6204

District Court of Appeal of Florida | Filed: Jan 31, 1989 | Docket: 472476

Cited 15 times | Published

rocks contained enough cocaine to violate section 893.135(1)(b), Florida Statutes (1985). The trial court

Banzo v. State

464 So. 2d 620, 10 Fla. L. Weekly 547

District Court of Appeal of Florida | Filed: Feb 27, 1985 | Docket: 2529256

Cited 15 times | Published

for reducing or suspending a sentence, see section 893.135(3), Florida Statutes (1983), we have been shown

Horvitz v. State

433 So. 2d 545

District Court of Appeal of Florida | Filed: May 11, 1983 | Docket: 1426098

Cited 15 times | Published

sentence for trafficking in cocaine under Section 893.135, Florida Statutes (1981). This is an airport

State v. Leicht

402 So. 2d 1153

Supreme Court of Florida | Filed: Jun 25, 1981 | Docket: 1691474

Cited 14 times | Published

appealed a circuit court ruling declaring section 893.135, Florida Statutes (1979),[1] unconstitutional

Bellizia v. Florida Department of Corrections

614 F.3d 1326, 2010 U.S. App. LEXIS 17416, 2010 WL 3272402

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 2010 | Docket: 1920666

Cited 13 times | Published

trafficking in illegal drugs. Fla. Stat. Ann. § 893.135(1)(c)1. The mandatory minimum sentence for the

Pilieci v. State

991 So. 2d 883, 2008 WL 942042

District Court of Appeal of Florida | Filed: Apr 9, 2008 | Docket: 1725351

Cited 13 times | Published

further comment. [2] § 893.135(1)(b)(1)(a), Fla. Stat. (2005). [3] § 893.135(1)(k)(1)(a). [4] § 893

State v. Barnum

921 So. 2d 513, 2005 WL 2296638

Supreme Court of Florida | Filed: Feb 9, 2006 | Docket: 1755994

Cited 13 times | Published

25 years and a mandatory fine of $500,000. See § 893.135(1)(c)(1)(c), Fla. Stat. (1997). At the same time

Bunkley v. State

882 So. 2d 890, 2004 WL 1171315

Supreme Court of Florida | Filed: May 27, 2004 | Docket: 1686286

Cited 13 times | Published

$500,000. See Hayes, 750 So.2d at 2 (citing section 893.135(1)(c)(1), Florida Statutes (Supp.1996)). On

State v. Estevez

753 So. 2d 1, 1999 WL 1072903

Supreme Court of Florida | Filed: Nov 24, 1999 | Docket: 1433762

Cited 13 times | Published

IMPOSITION OF A MINIMUM MANDATORY SENTENCE UNDER SECTION 893.135? *2 We have jurisdiction. Art. V, § 3(b)(4)

Earle v. State

745 So. 2d 1087, 1999 WL 1062521

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1689222

Cited 13 times | Published

convictions of trafficking in cocaine, contrary to section 893.135(1)(b)1.c., Florida Statutes (1999).[1] Appellants'

State v. Baxley

684 So. 2d 831, 1996 WL 648285

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 1740926

Cited 13 times | Published

hydrocodone. In order to sustain this charge under section 893.135(1)(c)1, there must be 4 grams or more of the

Balmori v. State

985 So. 2d 646, 2008 WL 2550757

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 346975

Cited 12 times | Published

constructive possession" of the heroin found in his car. § 893.135(1)(c)(1) (emphasis added). Specifically, the State

Snell v. State

939 So. 2d 1175, 2006 WL 3018232

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1657499

Cited 12 times | Published

this case, Snell was charged with violating section 893.135(1)(b)1.a., Florida Statutes (2001), which is

Errickson v. State

855 So. 2d 700, 2003 WL 22298968

District Court of Appeal of Florida | Filed: Oct 8, 2003 | Docket: 1503204

Cited 12 times | Published

months as the minimum mandatory sentence under section 893.135, Florida Statutes. This appeal timely follows

Nedd v. State

855 So. 2d 664, 2003 WL 22081375

District Court of Appeal of Florida | Filed: Sep 10, 2003 | Docket: 1547415

Cited 12 times | Published

mandatory sentence.[1] When Nedd entered his plea, section 893.135(1)(c)(1)(b), Florida Statutes (2001), required

Washington v. State

814 So. 2d 1187, 2002 WL 596392

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 1368177

Cited 12 times | Published

"mandatory minimum term of imprisonment of 7 years." § 893.135(1)(b)1.B, Fla. Stat. (2000). However, this statute

Stanford v. State

706 So. 2d 900, 1998 WL 60409

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 1682571

Cited 12 times | Published

convicted of trafficking cocaine in violation of section 893.135(1)(b)1.a., Florida Statutes (1995). The trial

Atwaters v. State

495 So. 2d 1219, 11 Fla. L. Weekly 2187

District Court of Appeal of Florida | Filed: Oct 15, 1986 | Docket: 1729085

Cited 12 times | Published

of trafficking in heroin in violation of section 893.135(1)(c)1. We affirm in part, reverse in part

State v. Arnold

475 So. 2d 301, 10 Fla. L. Weekly 2191

District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 1301936

Cited 12 times | Published

greater than 10,000 pounds in violation of section 893.135, Florida Statutes (1983). The trial court's

Way v. State

475 So. 2d 239, 10 Fla. L. Weekly 462

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1709949

Cited 12 times | Published

trafficking in cocaine. Petitioner was charged under section 893.135(1)(b)1, Florida Statutes (1981), which provides

Sobrino v. State

471 So. 2d 1333, 10 Fla. L. Weekly 1591

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 1396897

Cited 12 times | Published

with trafficking in cannabis, a violation of section 893.135(1)(a), Florida Statutes (1983), by alleging

Barrientos v. State

1 So. 3d 1209, 2009 Fla. App. LEXIS 793, 2009 WL 277439

District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 1653760

Cited 11 times | Published

than 400 grams and less than 150 kilograms, section 893.135(1)(b)(1)(c), Florida Statutes (2005), and possession

Harris v. State

954 So. 2d 1260, 2007 WL 1223445

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 2515579

Cited 11 times | Published

Directions. TORPY and LAWSON, JJ., concur. NOTES [1] § 893.135(1)(b)1.a., Fla. Stat. (2005). [2] § 893.13(1)(a)(2)

State v. Franklin

836 So. 2d 1112, 2003 WL 289338

District Court of Appeal of Florida | Filed: Feb 12, 2003 | Docket: 1963028

Cited 11 times | Published

Sexual batterer' offense; Section 9 amends section 893.135 to require minimum mandatory sentences for

Munroe v. State

514 So. 2d 397

District Court of Appeal of Florida | Filed: Oct 20, 1987 | Docket: 1466853

Cited 11 times | Published

exceeding 400 grams, conduct violative of section 893.135(4), Florida Statutes (1985). Munroe urges four

Raffone v. State

483 So. 2d 761, 11 Fla. L. Weekly 342

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 455705

Cited 11 times | Published

itself, would support a trafficking charge. (Section 893.135(1)(b)(1), Florida Statutes (1985), requires

Ellis v. State

475 So. 2d 1021, 10 Fla. L. Weekly 2258

District Court of Appeal of Florida | Filed: Sep 25, 1985 | Docket: 1301873

Cited 11 times | Published

attempt to provide substantial assistance under section 893.135(3), Florida Statutes (1983), in return for

State v. Kaufman

430 So. 2d 904

Supreme Court of Florida | Filed: Apr 21, 1983 | Docket: 445873

Cited 11 times | Published

state appealed a trial court order declaring section 893.135, Florida Statutes (Supp. 1980), the drug trafficking

State v. Taylor

411 So. 2d 993

District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1327020

Cited 11 times | Published

cannabis in excess of 100 pounds in violation of Section 893.135(1)(a)1, Florida Statutes (Supp. 1980). After

Houston v. State

925 So. 2d 404, 2006 WL 846762

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 1516952

Cited 10 times | Published

AFFIRMED. PALMER and LAWSON, JJ., concur. NOTES [1] § 893.135(1)(b); § 843.02, Fla. Stat. [2] Fla. R.App. P

State v. Klayman

835 So. 2d 248, 2002 WL 31519926

Supreme Court of Florida | Filed: Nov 14, 2002 | Docket: 1643097

Cited 10 times | Published

and held that the drug trafficking statute (section 893.135(1)(c)1, Florida Statutes (Supp. 1996)) did

Kiriazes v. State

798 So. 2d 789, 2001 WL 1219487

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 1668261

Cited 10 times | Published

to trafficking in cocaine in violation of section 893.135, which carries a mandatory minimum of 15 years'

Clay v. State

750 So. 2d 153, 2000 WL 126619

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 2585776

Cited 10 times | Published

but less than 200 grams), a violation of section 893.135(1)(b)1.a., Florida Statutes. Clay argues that

Wright v. State

743 So. 2d 103, 1999 WL 743591

District Court of Appeal of Florida | Filed: Sep 16, 1999 | Docket: 172059

Cited 10 times | Published

amount between 28 and 200 grams, a violation of § 893.135(1)(b)1.a., Florida Statutes. He received a habitual

State v. Hayes

720 So. 2d 1095, 1998 WL 646655

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 1371805

Cited 10 times | Published

grams or more of hydrocodone in violation of section 893.135(1)(c)1, Florida Statutes (1996). For the reasons

Hudson v. State

711 So. 2d 244, 1998 WL 275927

District Court of Appeal of Florida | Filed: Jun 1, 1998 | Docket: 1700630

Cited 10 times | Published

that 200 or more grams of cocaine were involved. § 893.135(1)(b)1.b., Fla. Stat. (1995). Mr. Hudson states

State v. Holland

689 So. 2d 1268, 1997 WL 122655

District Court of Appeal of Florida | Filed: Mar 20, 1997 | Docket: 1739379

Cited 10 times | Published

trafficking in hydrocodone in violation of section 893.135(1)(c), Florida Statutes (1993). We affirm for

Gibbs v. State

676 So. 2d 1001, 1996 WL 332345

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 1693030

Cited 10 times | Published

"separate" from trafficking in cocaine under section 893.135(1)(b), Florida Statutes (1991) because trafficking

Krajewski v. State

587 So. 2d 1175, 1991 WL 32110

District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 1405636

Cited 10 times | Published

context, by the amendment to the statute, section 893.135(3), Florida Statutes (1985). We next visit

State v. Jarrett

530 So. 2d 1089, 1988 WL 94190

District Court of Appeal of Florida | Filed: Sep 15, 1988 | Docket: 1267405

Cited 10 times | Published

hundred grams or more of cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1985), and one

Rita v. State

470 So. 2d 80, 10 Fla. L. Weekly 1397

District Court of Appeal of Florida | Filed: Jun 6, 1985 | Docket: 1260773

Cited 10 times | Published

than 2000 pounds of cannabis in violation of section 893.135, Florida Statutes. Rita had been stopped while

Kresbach v. State

462 So. 2d 62, 10 Fla. L. Weekly 60

District Court of Appeal of Florida | Filed: Dec 28, 1984 | Docket: 1510007

Cited 10 times | Published

the crime charged, trafficking in cocaine. Section 893.135(1)(b), Florida Statutes, and the instant information

Kresbach v. State

462 So. 2d 62, 10 Fla. L. Weekly 60

District Court of Appeal of Florida | Filed: Dec 28, 1984 | Docket: 1510007

Cited 10 times | Published

the crime charged, trafficking in cocaine. Section 893.135(1)(b), Florida Statutes, and the instant information

Cherry v. State

439 So. 2d 998

District Court of Appeal of Florida | Filed: Oct 26, 1983 | Docket: 1264813

Cited 10 times | Published

Trafficking in cocaine, in the amount found in Section 893.135(1)(b)(3), Florida Statutes (1981), carries

Marrero v. State

71 So. 3d 881, 36 Fla. L. Weekly Supp. 511, 2011 Fla. LEXIS 2217, 2011 WL 4089299

Supreme Court of Florida | Filed: Sep 15, 2011 | Docket: 60303160

Cited 9 times | Published

between degrees of criminal trafficking. See § 893.135, Fla. Stat. (2010). Although before today we have

Romero v. State

637 So. 2d 7, 1994 WL 162833

District Court of Appeal of Florida | Filed: May 4, 1994 | Docket: 422925

Cited 9 times | Published

cocaine in excess of 400 grams, a violation of section 893.135(1)(b), Florida Statutes (1989). This statute

Ras v. State

610 So. 2d 24, 1992 WL 361264

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 5990

Cited 9 times | Published

aiding in the possession of the drug. [2] Section 893.135, Florida Statutes (1987) provides: 893.135

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed

Menendez v. State

521 So. 2d 210, 1988 WL 13251

District Court of Appeal of Florida | Filed: Feb 16, 1988 | Docket: 1703597

Cited 9 times | Published

of cocaine to constitute trafficking under section 893.135(1)(b). Section 775.087(1)(a) does not require

Velunza v. State

504 So. 2d 780, 12 Fla. L. Weekly 788

District Court of Appeal of Florida | Filed: Mar 17, 1987 | Docket: 453450

Cited 9 times | Published

Velunza's first contention is without merit. Section 893.135(1)(b), Florida Statutes (1983), states that:

Rodriguez v. State

494 So. 2d 496, 11 Fla. L. Weekly 1286

District Court of Appeal of Florida | Filed: Jun 4, 1986 | Docket: 452306

Cited 9 times | Published

of trafficking in cocaine in violation of section 893.135(1)(b), Florida Statutes (1985). Appellant contends

Jordan v. State

419 So. 2d 363

District Court of Appeal of Florida | Filed: Sep 10, 1982 | Docket: 1585882

Cited 9 times | Published

trafficking in cannabis, greater than 100 pounds. Section 893.135(1)(a), Florida Statutes (Supp. 1980). We affirm

Bell v. State

411 So. 2d 319

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 1327554

Cited 9 times | Published

drugs is guilty of trafficking in illegal drugs. § 893.135(1)(c), Fla. Stat. (1979). Trafficking may be proven

Blacker v. State

49 So. 3d 785, 2010 Fla. App. LEXIS 15807, 2010 WL 4103159

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296852

Cited 8 times | Published

statutory maximum of thirty years in prison. § 893.135(l)(c)l, Fla. Stat. (1997); § 775.082(3)(b), Fla

Taylor v. State

13 So. 3d 77, 2009 Fla. App. LEXIS 5799, 2009 WL 1377914

District Court of Appeal of Florida | Filed: May 19, 2009 | Docket: 1659315

Cited 8 times | Published

amount in excess of 25 pounds, in violation of section 893.135(1)(a)1., Florida Statutes (2006), and was sentenced

Delemos v. State

969 So. 2d 544, 2007 WL 4180879

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 1403682

Cited 8 times | Published

fifteen-year minimum mandatory sentence required by section 893.135(1)(b)(1)(c), Florida Statutes (2001), applied

State v. Swider

799 So. 2d 388, 2001 WL 1416220

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 1681709

Cited 8 times | Published

holding that the sentence was illegal under section 893.135.[1]See State v. Swider, 654 So.2d 562, 563

Lopez v. State

711 So. 2d 563, 1997 WL 817816

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1337333

Cited 8 times | Published

offense of trafficking in cocaine pursuant to section 893.135(1)(b), Florida Statutes (1995). But Lopez was

Johnson v. State

680 So. 2d 1101, 1996 WL 581918

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 1663808

Cited 8 times | Published

DAUKSCH and THOMPSON, JJ., concur. NOTES [1] § 893.135(1)(b)1., Fla. Stat. (1991).

Gedeon v. State

636 So. 2d 178, 1994 WL 156951

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 586183

Cited 8 times | Published

DIAMANTIS and THOMPSON, JJ., concur. NOTES [1] § 893.135(1)(b)(1), Fla. Stat. (1991).

Kocol v. State

546 So. 2d 1159, 1989 WL 82161

District Court of Appeal of Florida | Filed: Jul 27, 1989 | Docket: 1442338

Cited 8 times | Published

cocaine requires a minimum of 28 grams per section 893.135(1)(b), Florida Statutes (1987), the state elected

State v. Clark

538 So. 2d 500, 1989 WL 6212

District Court of Appeal of Florida | Filed: Jan 31, 1989 | Docket: 472571

Cited 8 times | Published

mixture contained enough heroin to violate section 893.135(1)(c), Florida Statutes (1985). In Ross v.

Vickery v. State

515 So. 2d 396, 12 Fla. L. Weekly 2619

District Court of Appeal of Florida | Filed: Nov 13, 1987 | Docket: 1749348

Cited 8 times | Published

minimum sentences which were imposed pursuant to section 893.135, Florida Statutes, for trafficking in cocaine

Pennington v. State

526 So. 2d 87, 1987 WL 912

District Court of Appeal of Florida | Filed: Oct 14, 1987 | Docket: 1272607

Cited 8 times | Published

the crime of trafficking in cocaine under section 893.135(1)(b)1. The statute requires "knowing" possession

Lusby v. State

507 So. 2d 611

District Court of Appeal of Florida | Filed: Jun 24, 1987 | Docket: 2580274

Cited 8 times | Published

not constitute substantial assistance under Fla. Stat. 893.135(3), see Campbell v. State, 453 So.2d 525

Cronin v. State

470 So. 2d 802, 10 Fla. L. Weekly 1442

District Court of Appeal of Florida | Filed: Jun 12, 1985 | Docket: 1261560

Cited 8 times | Published

in excess of 10,000 pounds in violation of section 893.135(1)(a)3, Florida Statutes (1983). Appellant

Donahue v. State

464 So. 2d 609, 10 Fla. L. Weekly 518

District Court of Appeal of Florida | Filed: Feb 27, 1985 | Docket: 1192480

Cited 8 times | Published

with trafficking in marijuana, a violation of section 893.135(1)(a)(1), Florida Statutes (1983). He filed

Orantes v. State

452 So. 2d 68

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 280079

Cited 8 times | Published

their motions to dismiss on the grounds that Section 893.135, Florida Statutes, should have been regarded

Muwwakil v. State

435 So. 2d 304

District Court of Appeal of Florida | Filed: Jun 28, 1983 | Docket: 1697402

Cited 8 times | Published

that appellant was in essence charged under section 893.135(1)(b)2, Florida Statutes (1981), since both

State v. Ryan

413 So. 2d 411

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1702472

Cited 8 times | Published

possession of 400 grams or more of cocaine." Section 893.135(1)(b), Florida Statutes, provides that "any

Johnson v. State

44 So. 3d 198, 2010 Fla. App. LEXIS 13631, 2010 WL 3584000

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 2396391

Cited 7 times | Published

Chapter 96-388 as amended on July 1, 1996 to section 893.135(b)(1), (a), (b) and (c), Florida Statutes (1996)

MONESTIME v. State

41 So. 3d 1110, 2010 Fla. App. LEXIS 12188, 2010 WL 3239158

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1238189

Cited 7 times | Published

over 400 grams of cocaine, in violation of section 893.135(1)(b)(1)(C), Florida Statutes (2009), and with

Roberto Garces v. United States Attorney General

611 F.3d 1337, 76 A.L.R. Fed. 2d 651, 2010 U.S. App. LEXIS 16233

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 2103406

Cited 7 times | Published

trafficking in cocaine, in violation of Fla. Stat. § 893.135; aggravated assault, in violation of Fla. Stat

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

Hill v. State

873 So. 2d 491, 2004 WL 1067982

District Court of Appeal of Florida | Filed: May 13, 2004 | Docket: 1451873

Cited 7 times | Published

than 400 grams, of cocaine in violation of section 893.135(1)(b)1.b., Florida Statutes (2002). As was

Labadie v. State

840 So. 2d 332, 2003 WL 327492

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1748313

Cited 7 times | Published

893.135(1)(a)1 and (5), Fla. Stat. (2000). [2] § 893.135(1)(a)1, Fla. Stat. (2000).

Lecorn v. State

832 So. 2d 818, 2002 WL 31486297

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1336048

Cited 7 times | Published

"Three Strikes Violent Felony Offender Act", section 893.135 as amended by Chapter 99-188, Laws of Florida

Kelley v. State

821 So. 2d 1255, 2002 WL 1758203

District Court of Appeal of Florida | Filed: Jul 31, 2002 | Docket: 1657175

Cited 7 times | Published

unless the prosecutor recommended otherwise. See § 893.135(1)(b), Fla. Stat. (1999); see also State v. Taylor

State v. Wooten

782 So. 2d 408, 2001 WL 76995

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1512092

Cited 7 times | Published

recognize that the legislative intent behind section 893.135's minimum mandatory sentencing requirements

Trotter v. State

774 So. 2d 924, 2001 WL 9858

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 1698137

Cited 7 times | Published

SHARP, and PETERSON, JJ., concur. NOTES [1] See § 893.135(1)(b)1.a, Fla. Stat. (1995). [2] See § 775.082(3)(b)

Grantham v. State

735 So. 2d 525, 1999 WL 301271

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 1431482

Cited 7 times | Published

than 200 grams, was a first-degree felony. See § 893.135(1)(f)(1)(b), Fla. Stat. (Supp. 1996). Because

Gamble v. State

723 So. 2d 905, 1999 WL 4950

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1319787

Cited 7 times | Published

(1993). [3] § 316.1935, Fla. Stat. (1993). [4] § 893.135(1)(b) 1.a., Fla. Stat. (1993).

Johnson v. State

712 So. 2d 380, 1998 WL 223437

Supreme Court of Florida | Filed: May 7, 1998 | Docket: 1737446

Cited 7 times | Published

differences between these crimes. Pursuant to section 893.135(1)(b), Florida Statutes (1995), a person traffics

State v. Wynn

623 So. 2d 848, 1993 WL 341156

District Court of Appeal of Florida | Filed: Sep 10, 1993 | Docket: 1183920

Cited 7 times | Published

charged with trafficking in cocaine, pursuant to section 893.135(1)(b)1, Florida Statutes (1991) and possession

State v. Globe Communications Corp.

622 So. 2d 1066, 21 Media L. Rep. (BNA) 2129, 1993 Fla. App. LEXIS 7991, 1993 WL 287721

District Court of Appeal of Florida | Filed: Aug 4, 1993 | Docket: 547054

Cited 7 times | Published

pet. for rev. den, 461 So.2d 115 (Fla. 1984) (F.S. 893.135, the mandatory drug trafficking sentencing statute

Jenkins v. State

533 So. 2d 297, 1988 WL 113834

District Court of Appeal of Florida | Filed: Oct 28, 1988 | Docket: 1232398

Cited 7 times | Published

specifically charged in the information under section 893.135(5), the trafficking conspiracy subsection,

Jacobs v. State

522 So. 2d 540, 1988 WL 26280

District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 1660854

Cited 7 times | Published

minimum sentences of fifteen years imprisonment. § 893.135(1) (b)3, Fla. Stat. (1985). As part of a plea

Newton v. State

490 So. 2d 179, 11 Fla. L. Weekly 1378

District Court of Appeal of Florida | Filed: Jun 20, 1986 | Docket: 1743369

Cited 7 times | Published

The offense of trafficking in cocaine under Section 893.135, Florida Statutes (1984) requires the actual

Garces v. State

485 So. 2d 847, 11 Fla. L. Weekly 618

District Court of Appeal of Florida | Filed: Mar 11, 1986 | Docket: 1680755

Cited 7 times | Published

four hundred grams of cocaine in violation of section 893.135, Florida Statutes (1983). At the close of the

Campbell v. State

453 So. 2d 525

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 1651507

Cited 7 times | Published

of trafficking in cannabis in violation of section 893.135(1)(a), Florida Statutes (1981), and from the

Mancini v. State

448 So. 2d 573

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 83244

Cited 7 times | Published

applicable criminal statute erroneously as "F.S. 893.135(a)(b)(1)." The correct statutory reference is

Booth v. State

436 So. 2d 36

Supreme Court of Florida | Filed: Jun 9, 1983 | Docket: 1701194

Cited 7 times | Published

hundred pounds of cannabis, in violation of section 893.135(1)(a), Florida Statutes (Supp. 1980). Petitioners

Spabo v. United States Attorney General

837 F.3d 1172, 2016 WL 4978352

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 2016 | Docket: 4423141

Cited 6 times | Published

Drugs- 4 <14 Grams in violation of Florida Statute § 893.135(l)(c)(l); two counts of Sale of a Controlled Substance

Gordon v. State

139 So. 3d 958, 2014 WL 2722762, 2014 Fla. App. LEXIS 8689

District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60241252

Cited 6 times | Published

oxycodone for the same amount, pursuant to section 893.135(1)(c)(1)(c) and 893.135(5), Florida Statutes

Hernandez v. State

137 So. 3d 542, 2014 WL 1374046, 2014 Fla. App. LEXIS 5161

District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60240354

Cited 6 times | Published

required a three year mandatory minimum term. See § 893.135(l)(a)l., Fla. Stat. (2011). The trial court sentenced

Latos v. State

39 So. 3d 511, 2010 Fla. App. LEXIS 9849, 2010 WL 2675298

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2410277

Cited 6 times | Published

14 grams of oxycodone, in violation of Florida Statute 893.135(1)(c)a" (Count II); and possession of a

Rios v. State

19 So. 3d 1004, 2009 Fla. App. LEXIS 10966, 2009 WL 2408233

District Court of Appeal of Florida | Filed: Aug 7, 2009 | Docket: 1651750

Cited 6 times | Published

that the possession and/or delivery violated section 893.135, Florida Statutes (1997-1999), which is the

O'HARA v. State

964 So. 2d 839, 2007 WL 2713539

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1223009

Cited 6 times | Published

Vicodin tablets containing that substance. See § 893.135(1)(c)(1)(c), Fla. Stat. (2004). At his trial,

Virgil v. State

884 So. 2d 373, 2004 WL 2008501

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1682990

Cited 6 times | Published

grams. These sentences are illegal because section 893.135(1)(b)(1)(a) of the Florida Statutes provides

Sheridan v. State

850 So. 2d 638, 2003 WL 21713433

District Court of Appeal of Florida | Filed: Jul 25, 2003 | Docket: 1783938

Cited 6 times | Published

State charged that Mr. Sheridan had violated section 893.135, Florida Statutes (2000), by possessing fourteen

Dormezil v. State

754 So. 2d 168, 2000 WL 332649

District Court of Appeal of Florida | Filed: Mar 31, 2000 | Docket: 1290432

Cited 6 times | Published

GRIFFIN, JJ., concur. NOTES [1] A violation of Section 893.135(1)(b)(1)(c), Fla. Stat. [2] In determining

Robinson v. State

757 So. 2d 532, 2000 WL 294765

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 1331664

Cited 6 times | Published

in cocaine in violation of Florida Statutes section 893.135, facing a mandatory minimum of 15 years imprisonment

Hayes v. State

748 So. 2d 1042, 1999 WL 743519

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1750384

Cited 6 times | Published

of cocaine in connection with this charge, section 893.135(1)(b)(5), Florida Statutes (1993) (which provides

Safford v. State

708 So. 2d 676, 1998 WL 158636

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 1313169

Cited 6 times | Published

twenty-eight or more grams of cocaine in violation of section 893.135(1)(b), Florida Statutes (1995). We agree with

Gartrell v. State

609 So. 2d 112, 1992 WL 341953

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1473480

Cited 6 times | Published

The defendant was charged with violating section 893.135(1)(b)1.a, Florida Statutes (1989), which states

Brown v. State

608 So. 2d 114, 1992 WL 312849

District Court of Appeal of Florida | Filed: Nov 2, 1992 | Docket: 1732436

Cited 6 times | Published

of trafficking in cocaine, in violation of Section 893.135, Florida Statutes; sale of cocaine, in violation

State v. Krajewski

589 So. 2d 254, 1991 WL 211374

Supreme Court of Florida | Filed: Oct 17, 1991 | Docket: 1441472

Cited 6 times | Published

DOES THE PERFORMANCE OF AN AGREEMENT UNDER SECTION 893.135(4)[, FLORIDA STATUTES (1989),] AS AMENDED [CH

Strickland v. State

588 So. 2d 269, 1991 WL 205844

District Court of Appeal of Florida | Filed: Oct 16, 1991 | Docket: 1297400

Cited 6 times | Published

assistance was made acceptable by an amendment to F.S. 893.135(3), which post dated the substantial assistance

Peoples v. State

576 So. 2d 783, 1991 WL 22975

District Court of Appeal of Florida | Filed: Feb 28, 1991 | Docket: 1669937

Cited 6 times | Published

trafficking and conspiring to traffic in Dilaudid. Section 893.135(5), Florida Statutes (1987), provides for punishment

Campbell v. State

517 So. 2d 696, 1987 WL 1276

District Court of Appeal of Florida | Filed: Dec 30, 1987 | Docket: 541128

Cited 6 times | Published

$50,000 fine for trafficking as required by section 893.135, Florida Statutes (1983). The case stems from

Echevarria v. State

492 So. 2d 1146

District Court of Appeal of Florida | Filed: Sep 12, 1986 | Docket: 478220

Cited 6 times | Published

Defendant Echevarria was charged, pursuant to section 893.135(1)(b), Florida Statutes (1983), with trafficking

Morris v. State

487 So. 2d 291, 11 Fla. L. Weekly 83

Supreme Court of Florida | Filed: Mar 6, 1986 | Docket: 1797247

Cited 6 times | Published

mandatory fifteen year period pursuant to section 893.135(1)(b)(3), Florida Statutes (1981); the district

Brown v. State

483 So. 2d 743

District Court of Appeal of Florida | Filed: Feb 27, 1986 | Docket: 455786

Cited 6 times | Published

So.2d 971 (Fla. 1985) where the court held: Section 893.135 is sufficiently different from the provisions

State v. Mena

471 So. 2d 1297, 10 Fla. L. Weekly 1432

District Court of Appeal of Florida | Filed: Jun 11, 1985 | Docket: 1724645

Cited 6 times | Published

defendants charging them with trafficking in cocaine, § 893.135(1)(b), Fla. Stat. (1981), and conspiracy to traffic

Matheson v. State

468 So. 2d 1011

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 1402487

Cited 6 times | Published

now consolidate for disposition as well. [2] § 893.135(1)(a)(1), Fla. Stat. (1983); § 777.04(3), Fla

State v. Edwards

456 So. 2d 575

District Court of Appeal of Florida | Filed: Sep 28, 1984 | Docket: 1446857

Cited 6 times | Published

and trafficking in heroin are controlled by section 893.135(1)(c)1, Florida Statutes (1981), which requires

State v. Bateman

423 So. 2d 577

District Court of Appeal of Florida | Filed: Dec 17, 1982 | Docket: 544767

Cited 6 times | Published

conviction for drug trafficking in violation of section 893.135(1), Florida Statutes (1981), despite the state

State v. Farrugia

419 So. 2d 1118

District Court of Appeal of Florida | Filed: Aug 31, 1982 | Docket: 1605057

Cited 6 times | Published

appellees with trafficking in cannabis contrary to Section 893.135, Florida Statutes.[1] The information charges

Sands v. State

414 So. 2d 611

District Court of Appeal of Florida | Filed: Jun 1, 1982 | Docket: 2559424

Cited 6 times | Published

defendant's contention on this appeal that Section 893.135, Florida Statutes (1977) is unconstitutional

Hart v. State

405 So. 2d 1048

District Court of Appeal of Florida | Filed: Nov 12, 1981 | Docket: 1703814

Cited 6 times | Published

of trafficking in cannabis in violation of Section 893.135(1)(a). Florida Statutes (1979). In accordance

Clough v. State

136 So. 3d 680, 2014 Fla. App. LEXIS 1194, 2014 WL 340672

District Court of Appeal of Florida | Filed: Jan 31, 2014 | Docket: 60240057

Cited 5 times | Published

Mr. Clough with trafficking in cannabis. See § 893.135, Fla. Stat. (2009). In January 2011, a jury convicted

Nicholas v. State

47 So. 3d 297, 2010 Fla. App. LEXIS 10838, 2010 WL 2925114

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 2397443

Cited 5 times | Published

possession of large quantities of cocaine.1 See § 893.135(l)(b), Fla. Stat. (2005) (defining the offense

Hardin v. State

18 So. 3d 1246, 2009 Fla. App. LEXIS 15198, 2009 WL 3232692

District Court of Appeal of Florida | Filed: Oct 9, 2009 | Docket: 1640564

Cited 5 times | Published

conviction and sentence for cocaine trafficking. See § 893.135, Fla. Stat. (2003). He argues that the trial court

Culver v. State

990 So. 2d 1206, 2008 WL 4276323

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1688032

Cited 5 times | Published

of trafficking in cocaine, a violation of section 893.135(1)(b)(1)(a), Florida Statutes (2004). We reverse

Wright v. State

975 So. 2d 498, 2007 WL 2141827

District Court of Appeal of Florida | Filed: Jul 27, 2007 | Docket: 1727123

Cited 5 times | Published

offense of trafficking in cocaine is defined in section 893.135(1)(b)(1), Florida Statutes (2004). There are

Nash v. State

951 So. 2d 1003, 2007 WL 837205

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1280324

Cited 5 times | Published

of the possession an element of the crime. Section 893.135(1)(b)1., Florida Statutes, provides that a

Cogbill v. State

940 So. 2d 537, 2006 WL 3025105

District Court of Appeal of Florida | Filed: Oct 26, 2006 | Docket: 370093

Cited 5 times | Published

manufacture of methamphetamine, in violation of Section 893.135(f)1b [sic], Florida Statutes. Although the

Hernandez v. State

919 So. 2d 707, 2006 WL 247887

District Court of Appeal of Florida | Filed: Feb 3, 2006 | Docket: 2489973

Cited 5 times | Published

court to properly sentence Hernandez under section 893.135, Florida Statutes (2001). Thus, without the

De La Cruz v. State

884 So. 2d 349, 2004 WL 2008266

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1683125

Cited 5 times | Published

grams but less than 200 grams of cocaine. See § 893.135(1)(b)(1), Fla. Stat. (2002). De La Cruz maintains

Chaparro v. State

873 So. 2d 631, 2004 WL 1218971

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1732900

Cited 5 times | Published

argument to aid the judge at resentencing. Section 893.135(1)(b)(1)(c), Florida Statutes (2001), authorizes

Hernandez-Molina v. State

860 So. 2d 483, 2003 WL 22715773

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 1511607

Cited 5 times | Published

2d DCA 2002). Appellant was charged under section 893.135(1)(b)1.b., Florida Statutes (1999), with trafficking

Mendez v. State

835 So. 2d 348, 2003 WL 141633

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 1754946

Cited 5 times | Published

declaring him to be a youthful offender. Although section 893.135, Florida Statutes, under which Mendez was charged

Lewis v. State

827 So. 2d 1052, 2002 WL 31267569

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 1726489

Cited 5 times | Published

sentence on the trafficking charge pursuant to section 893.135(1), Florida Statutes (1999), which was amended

Troncoso v. State

825 So. 2d 494, 2002 WL 2008110

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 2533086

Cited 5 times | Published

five-years probation on counts three and four. See § 893.135(3), Fla. Stat. (1983). The trial court would have

Johnson v. State

796 So. 2d 1227, 2001 WL 1202810

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 1249261

Cited 5 times | Published

in hydrocodone by possession, pursuant to section 893.135(1)(c)1c, Florida Statutes (Supp.1996). He appealed

State v. Ackerman

785 So. 2d 1229, 2001 WL 543222

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1510171

Cited 5 times | Published

twenty-eight and 200 grams of cocaine contrary to section 893.135(1)(b)1.a., Florida Statutes, in December 1998

DeGeso v. State

771 So. 2d 1264, 2000 WL 1700185

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 1338916

Cited 5 times | Published

of trafficking in cocaine in violation of section 893.135, Florida Statutes (1995); passing a worthless

Floyd v. State

739 So. 2d 1241, 1999 WL 599240

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 2527568

Cited 5 times | Published

to trafficking in cocaine in violation of section 893.135(1)(b)(1)(a), Florida Statutes (1991). He was

Rodriguez v. State

691 So. 2d 568, 1997 WL 168600

District Court of Appeal of Florida | Filed: Apr 11, 1997 | Docket: 1424398

Cited 5 times | Published

sentenced to a mandatory minimum three-year term. § 893.135, Fla.Stat. (1993). The 1994 version provides that

Ross v. State

664 So. 2d 1004, 1995 WL 608515

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 1230254

Cited 5 times | Published

co-conspirators were charged with a violation of section 893.135(1)(b)3, Florida Statutes (1987): Any person

Mickenberg v. State

640 So. 2d 1210, 1994 WL 397631

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 1371256

Cited 5 times | Published

400 grams or more of cocaine in violation of section 893.135(1), Florida Statutes (1989). Five of the coconspirators

Danzy v. State

603 So. 2d 1320, 1992 WL 191349

District Court of Appeal of Florida | Filed: Aug 7, 1992 | Docket: 1738989

Cited 5 times | Published

section 893.13 as authority therefor rather than section 893.135(1)(b), which was applicable statute, statutory

Green v. State

602 So. 2d 1306, 1992 WL 123447

District Court of Appeal of Florida | Filed: Jun 10, 1992 | Docket: 1321718

Cited 5 times | Published

section 893.13(1)(f) should be compared with section 893.135(1)(b)1.a, Florida Statutes (1989), which says

Green v. State

602 So. 2d 1306, 1992 WL 123447

District Court of Appeal of Florida | Filed: Jun 10, 1992 | Docket: 1321718

Cited 5 times | Published

section 893.13(1)(f) should be compared with section 893.135(1)(b)1.a, Florida Statutes (1989), which says

Murrell v. State

595 So. 2d 1049, 1992 WL 43279

District Court of Appeal of Florida | Filed: Mar 11, 1992 | Docket: 1299131

Cited 5 times | Published

sixty days after imposing sentence); see also § 893.135(2), Fla. Stat. (1981) ("with respect to any person

State v. Anders

596 So. 2d 463, 1992 WL 43260

District Court of Appeal of Florida | Filed: Mar 11, 1992 | Docket: 1358904

Cited 5 times | Published

trafficking in cocaine in violation of Florida Statute 893.135(1)(b)(3) and Florida Statute 893.03(2)(a)(4)

Heller v. State

576 So. 2d 398, 1991 WL 33007

District Court of Appeal of Florida | Filed: Mar 14, 1991 | Docket: 1669935

Cited 5 times | Published

HARRIS and DIAMANTIS, JJ., concur. NOTES [1] § 893.135, Fla. Stat. (1989). [2] § 893.147, Fla. Stat

State v. Perkins

558 So. 2d 537, 1990 WL 41210

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 1726340

Cited 5 times | Published

were charged with attempted cocaine trafficking, § 893.135, Fla. Stat. (1987), and first-degree felony murder

Velez v. State

554 So. 2d 545, 1989 WL 139516

District Court of Appeal of Florida | Filed: Nov 22, 1989 | Docket: 1318843

Cited 5 times | Published

for trafficking in cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1985). Their cases

State v. Austin

532 So. 2d 19, 1988 WL 89697

District Court of Appeal of Florida | Filed: Sep 1, 1988 | Docket: 450673

Cited 5 times | Published

with trafficking in cocaine in violation of section 893.135(1)(b), Florida Statutes (1983). After a jury

Hoyte v. State

518 So. 2d 975, 1988 WL 3310

District Court of Appeal of Florida | Filed: Jan 20, 1988 | Docket: 1777927

Cited 5 times | Published

highest statutory categories set forth in section 893.135. Downing v. State, 515 So.2d 1032 (Fla. 1st

Madsen v. State

502 So. 2d 948, 12 Fla. L. Weekly 335

District Court of Appeal of Florida | Filed: Jan 21, 1987 | Docket: 2514082

Cited 5 times | Published

other points on appeal. The judgment refers to section 893.135(1)(b) of the Florida Statutes which should

Pastor v. State

498 So. 2d 962

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 1699746

Cited 5 times | Published

in the statute prohibiting such activity. Section 893.135 was enacted to assist law enforcement authorities

Bragg v. State

487 So. 2d 424, 11 Fla. L. Weekly 1030

District Court of Appeal of Florida | Filed: May 1, 1986 | Docket: 1796927

Cited 5 times | Published

two thousand (2,000) pounds, in violation of F.S. 893.135(1)(a)2; in that CHARLES MICHAEL BRAGG, within

Guerrero v. State

484 So. 2d 59, 11 Fla. L. Weekly 501

District Court of Appeal of Florida | Filed: Feb 21, 1986 | Docket: 2588239

Cited 5 times | Published

one-half years. Appellant's conviction under section 893.135(1)(b)3, Florida Statutes (1983), required the

Ream v. State

449 So. 2d 960

District Court of Appeal of Florida | Filed: May 9, 1984 | Docket: 1325325

Cited 5 times | Published

(in excess of 100 pounds) in violation of section 893.135, Florida Statutes (1981), which carries a mandatory

Owen v. State

443 So. 2d 173

District Court of Appeal of Florida | Filed: Dec 12, 1983 | Docket: 1458117

Cited 5 times | Published

of trafficking in cannabis in violation of section 893.135(1)(a), Florida Statutes (1981), reserving their

Natalia Lorena Citron v. U.S. Attorney General

882 F.3d 1380

Court of Appeals for the Eleventh Circuit | Filed: Feb 20, 2018 | Docket: 6310288

Cited 4 times | Published

she pled guilty to violating Florida Statutes § 893.135(1)(c) 1. (2007), which criminalized various narcotics

Green v. State

18 So. 3d 656, 2009 Fla. App. LEXIS 12885, 2009 WL 2835210

District Court of Appeal of Florida | Filed: Sep 4, 2009 | Docket: 1178886

Cited 4 times | Published

more but less than 200 grams in violation of section 893.135(1)(b)(1)(a), Florida Statutes (2003); misdemeanor

Reynolds v. State

983 So. 2d 1192, 2008 WL 1733355

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1756673

Cited 4 times | Published

possession of, in excess of 25 pounds of cannabis." § 893.135(1), Fla. Stat. (2002). Subsection 893.135(1) establishes

Gonzalez v. State

948 So. 2d 892, 2007 WL 419327

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 1773491

Cited 4 times | Published

Mr. Gonzalez contrasts this statute with section 893.135, Florida Statutes, which criminalizes trafficking

State v. Marrero

890 So. 2d 1278, 2005 WL 120363

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1291787

Cited 4 times | Published

with trafficking in cocaine, a violation of section 893.135(1)(b)(1)(c), Florida Statutes (1997); selling

Harper v. State

889 So. 2d 899, 2004 WL 3029492

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1488435

Cited 4 times | Published

more but less than 200 grams, in violation of section 893.135(1)(b)(1)(a), Florida Statutes (1995). The court

Allende v. State

882 So. 2d 472, 2004 WL 2070943

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1289626

Cited 4 times | Published

that is wrong. TORPY, J., concurs. NOTES [1] § 893.135(1)(b), Fla. Stat. (2002). [2] Rule 3.800(b)(2)

Ndow v. State

864 So. 2d 1248, 2004 WL 177050

District Court of Appeal of Florida | Filed: Jan 30, 2004 | Docket: 1426079

Cited 4 times | Published

twenty-five pounds of cannabis in violation of section 893.135(1)(a)1, Florida Statutes (2001). Appellant

Trotter v. State

801 So. 2d 1041, 2001 WL 1635500

District Court of Appeal of Florida | Filed: Dec 21, 2001 | Docket: 1744734

Cited 4 times | Published

primary offense is drug trafficking under section 893.135, the subtotal sentence points may be multiplied

Stinson v. State

785 So. 2d 759, 2001 WL 603526

District Court of Appeal of Florida | Filed: Jun 5, 2001 | Docket: 2589292

Cited 4 times | Published

his conviction of trafficking in cocaine. See § 893.135(1)(b)1.a., Fla. Stat. (1997). The trial court

Bryant v. State

760 So. 2d 1034, 2000 WL 770338

District Court of Appeal of Florida | Filed: Jun 16, 2000 | Docket: 1143354

Cited 4 times | Published

committed on January 22, 1998. Pursuant to section 893.135(1)(b)1.a., Florida Statutes (1997), if the

Jimenez v. State

715 So. 2d 1038, 1998 WL 422162

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1716944

Cited 4 times | Published

possession must necessarily fail. Pursuant to section 893.135(1)(a), Florida Statutes (1995), the crime of

Wilson v. State

673 So. 2d 505, 1996 WL 184454

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 1671307

Cited 4 times | Published

or a mixture containing cocaine contrary to section 893.135(1)(b)1.c., a first degree felony, and was sentenced

Gonzalez v. State

596 So. 2d 711, 1992 WL 56708

District Court of Appeal of Florida | Filed: Feb 21, 1992 | Docket: 1707622

Cited 4 times | Published

recommend a sentence less than that provided by section 893.135(1)(b)(2)), Florida Statutes (1985)."); State

State v. Bell

564 So. 2d 1235, 1990 WL 108830

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1689189

Cited 4 times | Published

Florida Statutes (1985), trafficking in cocaine, section 893.135(1)(b)1, Florida Statutes (1985), and possession

State v. Purvis

560 So. 2d 1296, 1990 WL 51686

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 1477922

Cited 4 times | Published

Statutes; Count VI alleged a violation of section 893.135(1)(b)(1), Florida Statutes, trafficking in

Jefferson v. State

549 So. 2d 222, 1989 WL 109521

District Court of Appeal of Florida | Filed: Sep 21, 1989 | Docket: 1373915

Cited 4 times | Published

possession charge. [2] The pertinent statute, section 893.135(1)(b), Florida Statutes (1985), states: "Any

Diaz v. State

548 So. 2d 843, 1989 WL 104044

District Court of Appeal of Florida | Filed: Sep 12, 1989 | Docket: 1333409

Cited 4 times | Published

impose the mandatory $250,000 fine required by section 893.135(1)(b)3., Florida Statutes (1987). We affirm

Offord v. State

544 So. 2d 308, 1989 WL 55976

District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 1709596

Cited 4 times | Published

provide substantial assistance pursuant to section 893.135(3), Florida Statutes (1987), in return for

Rodriguez v. State

539 So. 2d 513, 1989 WL 14488

District Court of Appeal of Florida | Filed: Feb 22, 1989 | Docket: 452921

Cited 4 times | Published

with trafficking in cocaine in violation of section 893.135, Florida Statutes (1987). Subsequently, he

State v. Hall

538 So. 2d 468, 1989 WL 161

District Court of Appeal of Florida | Filed: Jan 5, 1989 | Docket: 472436

Cited 4 times | Published

minimum mandatory sentences are mandated by section 893.135 and the trial court lacks discretion to eliminate

Rosa v. State

508 So. 2d 546, 12 Fla. L. Weekly 1489

District Court of Appeal of Florida | Filed: Jun 16, 1987 | Docket: 1648906

Cited 4 times | Published

with trafficking in cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1983). He pled

Koopman v. State

507 So. 2d 684, 12 Fla. L. Weekly 1257

District Court of Appeal of Florida | Filed: May 13, 1987 | Docket: 460083

Cited 4 times | Published

offense involving 28 or more grams of the drug. § 893.135(1)(b), Fla. Stat. (1985). While the legislature

Welker v. State

504 So. 2d 802, 12 Fla. L. Weekly 918

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 1511213

Cited 4 times | Published

question of great public importance. NOTES [1] § 893.135(1)(b)1, Fla. Stat. (1985). [2] § 893.13(1)(a)

Doe v. State

499 So. 2d 13, 11 Fla. L. Weekly 2585

District Court of Appeal of Florida | Filed: Dec 9, 1986 | Docket: 2410797

Cited 4 times | Published

its independent sentencing discretion under section 893.135(3), Florida Statutes (1983). We agree. The

Dominguez v. State

492 So. 2d 1187, 11 Fla. L. Weekly 1837

District Court of Appeal of Florida | Filed: Aug 21, 1986 | Docket: 478360

Cited 4 times | Published

with trafficking in cocaine, a violation of section 893.135(1)(b), Florida Statutes (1985). This section

Sanchez v. State

490 So. 2d 198, 11 Fla. L. Weekly 1418

District Court of Appeal of Florida | Filed: Jun 24, 1986 | Docket: 1743078

Cited 4 times | Published

sentence affirmed as modified. NOTES [1] Section 893.135(1)(b), Florida Statutes (Supp. 1982) makes

Gallo v. State

483 So. 2d 876, 11 Fla. L. Weekly 541

District Court of Appeal of Florida | Filed: Feb 28, 1986 | Docket: 167739

Cited 4 times | Published

more but less than 200 grams, a violation of section 893.135(1)(b)1, Florida Statutes (1983). The trial

Marrero v. State

493 So. 2d 463

District Court of Appeal of Florida | Filed: Dec 24, 1985 | Docket: 1247254

Cited 4 times | Published

conspiracy to traffic in cannabis [§ 777.04 and § 893.135, Fla. Stat. (1983)]. At a jury trial to the three

DiPaola v. State

461 So. 2d 284, 10 Fla. L. Weekly 127

District Court of Appeal of Florida | Filed: Jan 4, 1985 | Docket: 2567491

Cited 4 times | Published

included offense of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes. Fla. Std. Jury Instr

Morris v. State

456 So. 2d 471

District Court of Appeal of Florida | Filed: Jun 5, 1984 | Docket: 1732028

Cited 4 times | Published

fifteen year period of incarceration pursuant to section 893.135(1)(b)(3). Finding no reversible error raised

Rotenberry v. State

429 So. 2d 378

District Court of Appeal of Florida | Filed: Mar 18, 1983 | Docket: 1221720

Cited 4 times | Published

of trafficking in cocaine in violation of Section 893.135(1)(b). Consequently, pursuant to Section 775

State v. Booth

418 So. 2d 385

District Court of Appeal of Florida | Filed: Aug 18, 1982 | Docket: 2378356

Cited 4 times | Published

of 100 pounds of cannabis, in violation of Section 893.135(1)(a). The maximum penalty under Florida law

Kalinosky v. State

414 So. 2d 234

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1358170

Cited 4 times | Published

appellants argue that the drug trafficking statute, Section 893.135, Florida Statutes (1979), is unconstitutional

State v. Newman

405 So. 2d 971

Supreme Court of Florida | Filed: Nov 5, 1981 | Docket: 1348628

Cited 4 times | Published

the possession of cocaine in violation of section 893.135, Florida Statutes (1979). The trial court,

Stehling v. State

391 So. 2d 287

District Court of Appeal of Florida | Filed: Dec 4, 1980 | Docket: 1173883

Cited 4 times | Published

than 400 grams of cocaine in violation of Section 893.135(1)(b), Florida Statutes (1979). The judgment

J.A.H. v. State

198 So. 3d 884, 2016 Fla. App. LEXIS 10779, 2016 WL 3745513

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 60256505

Cited 3 times | Published

trafficking in oxycodone, contrary in part to section 893.135, Florida Statutes (2009), and one count of

Day v. State

119 So. 3d 485, 2013 WL 3853227, 2013 Fla. App. LEXIS 11763

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60233620

Cited 3 times | Published

the quantity of hy-drocodone qualified under section 893.135(c)l.b., Florida Statutes, Appellant was charged

Ricketts v. State

125 So. 3d 194, 2013 WL 238218, 2013 Fla. App. LEXIS 919

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60235775

Cited 3 times | Published

to the presence of marijuana, and (2) that section 893.135 is facially unconstitutional. We disagree with

Jacques v. State

95 So. 3d 419, 2012 WL 3316652, 2012 Fla. App. LEXIS 13475

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311229

Cited 3 times | Published

with trafficking in cocaine in violation of section 893.135(l)(b)l of the Florida Statutes. After pleading

Santiago v. State

70 So. 3d 720, 2011 Fla. App. LEXIS 14982, 2011 WL 4374450

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 2358986

Cited 3 times | Published

(Fla.1989). The cocaine trafficking statute, section 893.135(1)(b)1.a., Florida Statutes (2008), prohibits

Ayotte v. State

67 So. 3d 330, 2011 Fla. App. LEXIS 10575, 2011 WL 2638163

District Court of Appeal of Florida | Filed: Jul 7, 2011 | Docket: 2362907

Cited 3 times | Published

trafficking in hydrocodone in violation of section 893.135(1)(c)1., Florida Statutes. Because the Standard

Hernandez v. State

56 So. 3d 752, 35 Fla. L. Weekly Supp. 714, 2010 Fla. LEXIS 2083, 2010 WL 4977481

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 60298635

Cited 3 times | Published

of trafficking in cocaine, in violation of section 893.135(1), Florida Statutes (2002). See § 782.04(1)(a)2

Jackson v. State

37 So. 3d 370, 2010 Fla. App. LEXIS 7518, 2010 WL 2133948

District Court of Appeal of Florida | Filed: May 28, 2010 | Docket: 1668383

Cited 3 times | Published

but less than 150 kilograms, in violation of section 893.135(1)(b)(1)(c), Florida Statutes (2005). The amended

Nicholson v. State

33 So. 3d 107, 2010 Fla. App. LEXIS 5545, 2010 WL 1656857

District Court of Appeal of Florida | Filed: Apr 27, 2010 | Docket: 1648971

Cited 3 times | Published

33 white pills found inside the change purse. § 893.135(1)(c)1.b., Fla. Stat. (2007). Certain rules of

Brunson v. State

31 So. 3d 926, 2010 Fla. App. LEXIS 4193, 2010 WL 1347321

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647861

Cited 3 times | Published

those who distribute large quantities of drugs. § 893.135(l)(b), Fla. Stat. (2008). Under the statute, the

Evans v. State

26 So. 3d 85, 2010 Fla. App. LEXIS 297, 2010 WL 176412

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 2567604

Cited 3 times | Published

for trafficking in cocaine in violation of section 893.135, Florida Statutes (2005). Among the claims

Fortner v. State

23 So. 3d 1275, 2010 Fla. App. LEXIS 5, 2010 WL 21176

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 60281980

Cited 3 times | Published

of trafficking in cocaine in violation of section 893.135(l)(b)(l)(a), Florida Statutes (2006). The trial

Rappaport v. State

24 So. 3d 1211, 2009 Fla. App. LEXIS 20017, 2009 WL 5064039

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1648344

Cited 3 times | Published

engaged in trafficking in controlled substances." § 893.135(4), Fla. Stat. (2007).

Ezer v. State

10 So. 3d 1175, 2009 Fla. App. LEXIS 6044, 2009 WL 1456994

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1642318

Cited 3 times | Published

for trafficking in oxycodone, claiming that section 893.135(1)(c)1. is unconstitutional because it punishes

State v. Chen

1 So. 3d 1257, 2009 Fla. App. LEXIS 1054, 2009 WL 323344

District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1653847

Cited 3 times | Published

a.m.[5] The State charged them pursuant to section 893.135(1)(a)(1), Florida Statutes (2004), with trafficking

Paey v. State

943 So. 2d 919, 2006 WL 3498319

District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 1526771

Cited 3 times | Published

each trafficking count in accordance with section 893.135(1)(c)(1)(c), Florida Statutes (Supp. 1996)

Gibson v. State

940 So. 2d 1263, 2006 WL 3151916

District Court of Appeal of Florida | Filed: Nov 6, 2006 | Docket: 1524189

Cited 3 times | Published

defendant knew the substance was cocaine. Fla. Stat. § 893.135(1)(1997). The State must establish its case either

Diaz v. State

910 So. 2d 894, 2005 WL 2105940

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 824310

Cited 3 times | Published

judgment. The judgment erroneously cites to section 893.135(5), Florida Statutes, when the correct statutory

State v. Strazdins

890 So. 2d 334, 2004 WL 3025255

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1285067

Cited 3 times | Published

three-year mandatory minimum sentence pursuant to section 893.135(1)(k)(2), Florida Statutes (2001). The State

State v. Bell

882 So. 2d 468, 2004 WL 2071153

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1289615

Cited 3 times | Published

to file an answer brief in this case. [2] See § 893.135(1)(b)1.a., Fla. Stat. (2001). [3] In the instant

Wright v. State

869 So. 2d 24, 2004 WL 363419

District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1174883

Cited 3 times | Published

sentence imposed by the trial court pursuant to section 893.135(1)(j)(2)(a), Florida Statutes (2000), is illegal

Miller v. State

848 So. 2d 401, 2003 WL 21458284

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 1309442

Cited 3 times | Published

and also imposed a $100,000 fine pursuant to section 893.135(1)(c)(1)(b), Florida Statutes (1997-2001).[1]

Dillard v. State

820 So. 2d 994, 2002 WL 1332473

District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 1715576

Cited 3 times | Published

imposed on Clay is an illegal sentence because section 893.135(1)(b)1.a. [1997] expressly mandates that persons

Lyons v. State

807 So. 2d 709, 2002 WL 125619

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 1750899

Cited 3 times | Published

$250,000 and a minimum mandatory of 15 years. § 893.135(1)(b)1.c., Fla. Stat. (2000). The penalty for

Lyons v. State

807 So. 2d 709, 2002 WL 125619

District Court of Appeal of Florida | Filed: Feb 1, 2002 | Docket: 1750899

Cited 3 times | Published

$250,000 and a minimum mandatory of 15 years. § 893.135(1)(b)1.c., Fla. Stat. (2000). The penalty for

Varas v. State

815 So. 2d 637, 2001 WL 1538023

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 1681627

Cited 3 times | Published

defendant knew the substance was cocaine. Fla. Stat. § 893.135(1) (1997). The state must establish its case either

Fortner v. State

779 So. 2d 462, 2000 WL 1580422

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 2547175

Cited 3 times | Published

v. State, 750 So.2d 153 (Fla. 1st DCA 2000), § 893.135(5), Fla. Stat. (1997). Affirmed in part and reversed

Rainey v. State

741 So. 2d 1207, 1999 WL 777651

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 1511127

Cited 3 times | Published

mixture containing cocaine, in violation of section 893.135(1)(b)1.a., Florida Statutes (1995). The State

Rodriguez v. State

719 So. 2d 1215, 1998 WL 654384

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 1705148

Cited 3 times | Published

in cocaine, 200-400 grams, in violation of section 893.135(1)(b)1.b., Florida Statutes (1993). After the

Holmes v. State

710 So. 2d 651, 1998 WL 171456

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1445189

Cited 3 times | Published

for trafficking in cocaine in violation of section 893.135(1)(b)1.b, Florida Statutes (1995). We note

Louisgeste v. State

706 So. 2d 29, 1998 WL 2438

District Court of Appeal of Florida | Filed: Jan 7, 1998 | Docket: 1280531

Cited 3 times | Published

mandatory minimum sentence unauthorized by section 893.135(1)(b)1 a, Florida Statutes (1995). Further

Chambers v. State

700 So. 2d 68, 1997 WL 593900

District Court of Appeal of Florida | Filed: Sep 26, 1997 | Docket: 1719603

Cited 3 times | Published

THOMPSON, J., concurs in result only. NOTES [1] § 893.135(1)(b)1, Fla. Stat. (1995). [2] § 893.13(6)(a)

Thornton v. State

679 So. 2d 871, 1996 WL 526176

District Court of Appeal of Florida | Filed: Sep 18, 1996 | Docket: 2577384

Cited 3 times | Published

primary offense is drug trafficking under section 893.135, the subtotal sentence points may be multiplied

Stubbs v. State

661 So. 2d 1268, 1995 WL 627456

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 1526344

Cited 3 times | Published

HARRIS and GRIFFIN, JJ., concur. NOTES [1] § 893.135(1)(b)(1)(b), Fla. Stat. (1993).

Spera v. State

656 So. 2d 550, 1995 WL 340674

District Court of Appeal of Florida | Filed: Jun 9, 1995 | Docket: 1283604

Cited 3 times | Published

conspiracy to traffic in cocaine in violation of section 893.135(4), Florida Statutes (1989). The information

Chicone v. State

658 So. 2d 1007, 1994 WL 669663

District Court of Appeal of Florida | Filed: Dec 2, 1994 | Docket: 439120

Cited 3 times | Published

with trafficking in cocaine, a violation of section 893.135(1)(b), Florida Statutes. Because the trafficking

Jackson v. State

636 So. 2d 1372, 1994 WL 180402

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1361718

Cited 3 times | Published

against for trafficking in cocaine pursuant to section 893.135(1)(b)1., Florida Statutes (1991). After the

Greene v. State

625 So. 2d 1293, 1993 WL 435561

District Court of Appeal of Florida | Filed: Oct 29, 1993 | Docket: 1517606

Cited 3 times | Published

more, but less than 200 grams; a violation of section 893.135(1)(b)(1)(a), Florida Statutes (1991). He was

Allen v. State

622 So. 2d 526, 1993 WL 274457

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 1528975

Cited 3 times | Published

an amount of at least twenty-eight grams. Section 893.135(1)(b), Fla. Stat. (1991). Based upon the evidence

State v. Garcia

596 So. 2d 1237, 1992 WL 73542

District Court of Appeal of Florida | Filed: Apr 14, 1992 | Docket: 1358799

Cited 3 times | Published

information alleged that the defendants violated Section 893.135(1)(b), Florida Statutes (1989), in that they

Williams v. State

592 So. 2d 737, 1992 WL 852

District Court of Appeal of Florida | Filed: Jan 6, 1992 | Docket: 1429684

Cited 3 times | Published

of cocaine involved was 28 grams or more. Section 893.135(1)(b)1, Fla. Stat. (1989). The crime of conspiracy

Janes v. State

585 So. 2d 424, 1991 WL 169554

District Court of Appeal of Florida | Filed: Aug 30, 1991 | Docket: 1688647

Cited 3 times | Published

II of the information, a conviction under section 893.135(1)(b), Florida Statutes. In 1987, Janes was

Ruth v. State

574 So. 2d 225, 1991 WL 6302

District Court of Appeal of Florida | Filed: Jan 25, 1991 | Docket: 1437201

Cited 3 times | Published

conviction and sentence for trafficking in cannabis. § 893.135(1)(a), Fla. Stat. (1987). The trial court sentenced

State v. Embry

563 So. 2d 147, 1990 WL 72113

District Court of Appeal of Florida | Filed: Jun 1, 1990 | Docket: 1281851

Cited 3 times | Published

in cocaine on November 7, 1988, pursuant to section 893.135, Florida Statutes (1987). On April 14, 1989

Verdelotti v. State

560 So. 2d 1328, 1990 WL 57815

District Court of Appeal of Florida | Filed: May 2, 1990 | Docket: 1477708

Cited 3 times | Published

cocaine of less than 400 grams, in violation of section 893.135(1)(b)2, Florida Statutes (1985); possession

Farias v. State

540 So. 2d 201, 1989 WL 24039

District Court of Appeal of Florida | Filed: Mar 21, 1989 | Docket: 1294315

Cited 3 times | Published

of the offense for which he was convicted. See § 893.135, Fla. Stat. (1987). We affirm the trial court's

State v. Zamora

538 So. 2d 95, 1989 WL 8347

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 1517175

Cited 3 times | Published

400 or more grams of cocaine in violation of section 893.135, Florida Statutes (1987). A defense motion

Diaz v. State

527 So. 2d 300, 1988 WL 63445

District Court of Appeal of Florida | Filed: Jun 24, 1988 | Docket: 529627

Cited 3 times | Published

less than two hundred grams in violation of section 893.135(1)(b)1, Florida Statutes (1985)[1] and possession

Poitier v. State

525 So. 2d 472, 1988 WL 48805

District Court of Appeal of Florida | Filed: May 19, 1988 | Docket: 1304511

Cited 3 times | Published

COWART, J., dissents without opinion. NOTES [1] § 893.135(1)(b)(1), Fla. Stat. (1985). [2] § 893.13(1)(e)

Cresswell v. State

524 So. 2d 685

District Court of Appeal of Florida | Filed: May 12, 1988 | Docket: 1701448

Cited 3 times | Published

enactment of mandatory sentences for traffickers. See § 893.135, Fla. Stat. (1985). [1] See also State v. Johnson

Crenshaw v. State

521 So. 2d 138, 1988 WL 2636

District Court of Appeal of Florida | Filed: Mar 10, 1988 | Docket: 1703601

Cited 3 times | Published

THOMPSON and BARFIELD, JJ., concur. NOTES [1] § 893.135(1)(b), Fla. Stat. (1985). [2] This charge is

Daophin v. State

511 So. 2d 1037, 12 Fla. L. Weekly 1877

District Court of Appeal of Florida | Filed: Aug 5, 1987 | Docket: 1338007

Cited 3 times | Published

AMOUNT GREATER THAN 400 GRAMS PURSUANT TO SECTION 893.135(1)(b)(3), FLORIDA STATUTES? All other points

Banks v. State

509 So. 2d 1320, 12 Fla. L. Weekly 1733

District Court of Appeal of Florida | Filed: Jul 16, 1987 | Docket: 1361759

Cited 3 times | Published

The statutory definition of trafficking in section 893.135(1)(a) is broader than mere possession with

Flournoy v. State

507 So. 2d 668, 12 Fla. L. Weekly 1216

District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 460192

Cited 3 times | Published

The offense of trafficking in cocaine under section 893.135(1)(b), Florida Statutes requires possession

Stanley v. State

507 So. 2d 1131, 12 Fla. L. Weekly 964

District Court of Appeal of Florida | Filed: Apr 9, 1987 | Docket: 460016

Cited 3 times | Published

have been elevated to a first-degree felony. § 893.135(1)(a), Fla. Stat. (1983). As pointed out by Judge

Garcia v. State

504 So. 2d 494, 12 Fla. L. Weekly 848

District Court of Appeal of Florida | Filed: Mar 24, 1987 | Docket: 453599

Cited 3 times | Published

possession of contraband. See § 893.135, Fla. Stat. (1983). Section 893.135 increases the length of a trafficking

MacK v. State

504 So. 2d 1252, 11 Fla. L. Weekly 2093

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 453338

Cited 3 times | Published

mandatory minimum sentence and fine imposed under Section 893.135(1)(b) 1, Florida Statutes (1983), the appellant

Jimenez v. State

486 So. 2d 36, 11 Fla. L. Weekly 811

District Court of Appeal of Florida | Filed: Apr 2, 1986 | Docket: 2571961

Cited 3 times | Published

traffic in one ounce of cocaine in violation of section 893.135, Florida Statutes (1985). We have reviewed

State v. Row

478 So. 2d 430, 10 Fla. L. Weekly 2494

District Court of Appeal of Florida | Filed: Nov 7, 1985 | Docket: 1484720

Cited 3 times | Published

of trafficking in cocaine, in violation of section 893.135(1)(b)1, Florida Statutes (1983). Without stating

Wickett v. State

467 So. 2d 430, 10 Fla. L. Weekly 916

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 1680435

Cited 3 times | Published

been convicted and sentenced for violation of section 893.135(1)(a)3, Florida Statutes, when he pled guilty

State v. Wise

464 So. 2d 1245, 10 Fla. L. Weekly 437

District Court of Appeal of Florida | Filed: Feb 18, 1985 | Docket: 1661356

Cited 3 times | Published

pursuant to section 777.04(1) (Attempt) and section 893.135(1)(b): Any person who knowingly sells, manufactures

State v. Santamaria

464 So. 2d 197, 10 Fla. L. Weekly 422

District Court of Appeal of Florida | Filed: Feb 12, 1985 | Docket: 1661143

Cited 3 times | Published

with trafficking in cocaine in violation of section 893.135, Florida Statutes (1983). The trial court granted

Saunders v. State

436 So. 2d 166

District Court of Appeal of Florida | Filed: Apr 6, 1983 | Docket: 1340272

Cited 3 times | Published

Comprehensive Drug Abuse Prevention and Control Act, section 893.135, Florida Statutes (1979), arguing that the

Marrero v. State

428 So. 2d 304

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1719997

Cited 3 times | Published

cannabis on September 28, 1980, in violation of section 893.135(1)(a), Florida Statutes (1979). All of appellant's

Cunningham v. State

423 So. 2d 580

District Court of Appeal of Florida | Filed: Dec 17, 1982 | Docket: 1069593

Cited 3 times | Published

trafficking, a first degree felony in violation of section 893.135, Florida Statutes (1979). Appellant filed a

In Re Florida Rules of Crim. Procedure

408 So. 2d 207

Supreme Court of Florida | Filed: Oct 15, 1981 | Docket: 1732484

Cited 3 times | Published

minimum mandatory minimum provisions of F.S. 893.135(1)()() are hereby

Stone v. State

402 So. 2d 1330

District Court of Appeal of Florida | Filed: Aug 28, 1981 | Docket: 1691552

Cited 3 times | Published

motion to dismiss based upon his assertion that § 893.135, Florida Statutes, is unconstitutional and also

Kemar Rochester v. State of Florida

140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 795955

Cited 2 times | Published

100 percent of the court-imposed sentence.”); § 893.135(3), Fla. Stat. (2008) (“A person sentenced to

State v. Sanchez

133 So. 3d 1038, 2014 WL 51696, 2014 Fla. App. LEXIS 155

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60238648

Cited 2 times | Published

13(8)(a), Florida Statutes (2009), and not under section 893.135(l)(c), Florida Statutes (2009), as charged

State v. Hinman

100 So. 3d 220, 2012 Fla. App. LEXIS 18878, 2012 WL 5349657

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60225705

Cited 2 times | Published

over 28 grams of hydrocodone, in violation of section 893.135(l)(c)l.c., Florida Statutes (2009). The officer

Celeste v. State

79 So. 3d 898, 2012 WL 511303, 2012 Fla. App. LEXIS 2451

District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 2411782

Cited 2 times | Published

commits a felony of the first degree. . . . § 893.135(1)(c)1., Fla. Stat. (2009). The plain language

Mantilla v. State

38 So. 3d 196, 2010 Fla. App. LEXIS 8165, 2010 WL 2292107

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 1184502

Cited 2 times | Published

sell it as required for a conviction under section 893.135(1)(a), Florida Statutes (2009), but also whether

Antunes-Salgado v. State

987 So. 2d 222, 2008 WL 2901861

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 1394776

Cited 2 times | Published

conspiracy to traffic in cocaine pursuant to section 893.135(5), Florida Statutes (2005). This section provides

Baker v. State

941 So. 2d 419, 2006 WL 2787984

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 431746

Cited 2 times | Published

the fine imposed on him was mandatory under section 893.135, Florida Statutes (2003). We hold that it is

Kelly v. State

924 So. 2d 69

District Court of Appeal of Florida | Filed: Apr 12, 2006 | Docket: 1735953

Cited 2 times | Published

was sentenced pursuant to the provisions of section 893.135, Florida Statutes. That section provides, in

Oliver v. State

899 So. 2d 1195, 2005 WL 856924

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 1353852

Cited 2 times | Published

with trafficking in cocaine in violation of section 893.135(1)(b)1.a., Florida Statutes (1998). Mr. Oliver

Blanc v. State

899 So. 2d 455, 2005 WL 768450

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1353583

Cited 2 times | Published

substantial assistance agreement with the state. See § 893.135(4), Fla. Stat. Sentencing was postponed and Blanc

State v. Demille

890 So. 2d 454, 2004 WL 3008868

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 1291824

Cited 2 times | Published

imprisonment and a $50,000 fine for this offense. See § 893.135(1)(c)(1)(a), (5), Fla. Stat. (2003). We agree

Calabrese v. State

886 So. 2d 396, 2004 WL 2579573

District Court of Appeal of Florida | Filed: Nov 15, 2004 | Docket: 1379963

Cited 2 times | Published

Appellant knew the substance was cocaine. See § 893.135(1)(b)1.a., Fla. Stat. (2001); Concepcion v. State

McFord v. State

877 So. 2d 874, 2004 WL 1562967

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 1684469

Cited 2 times | Published

charged with drug trafficking in violation of § 893.135(1)(b)(2), Fla. Stat. (2000). In September of that

Jones v. State

881 So. 2d 584, 2004 WL 1254003

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 2556522

Cited 2 times | Published

the drug trafficking conviction falls under section 893.135, not section 893.13, Jones's sentence as a

Roberto v. State

853 So. 2d 582, 2003 WL 22055883

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1189441

Cited 2 times | Published

trafficking in methaqualone, a violation of section 893.135, Florida Statutes, and a first degree felony

Barber v. State

849 So. 2d 361, 2003 WL 21070435

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 2589835

Cited 2 times | Published

imprisonment imposed by the trial court pursuant to section 893.135(1)(c)(1)(a), Florida Statutes (2000), is illegal

McCabe v. State

844 So. 2d 703, 2003 WL 2002818

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 2583726

Cited 2 times | Published

imprisonment imposed by the trial court pursuant to section 893.135(1)(b)(1)(a), Florida Statutes (1999), is illegal

Green v. State

828 So. 2d 462, 2002 WL 31322534

District Court of Appeal of Florida | Filed: Oct 18, 2002 | Docket: 183160

Cited 2 times | Published

convicted of trafficking possession under section 893.135(1)(b), Florida Statutes (1989) and simple possession

Winkler v. Moore

831 So. 2d 63, 2002 WL 717819

Supreme Court of Florida | Filed: Apr 25, 2002 | Docket: 1722826

Cited 2 times | Published

(except those imposed under section 775.087 or section 893.135, Florida Statutes (1983)) and be within 60

State v. Travis

808 So. 2d 194, 2002 WL 58552

Supreme Court of Florida | Filed: Jan 17, 2002 | Docket: 1474048

Cited 2 times | Published

Domina Travis (Travis) was charged under section 893.135(1)(c)1.b., Florida Statutes (1997), with trafficking

Klayman v. State

765 So. 2d 784, 2000 WL 1022277

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 1522906

Cited 2 times | Published

and held that the drug trafficking statute (section 893.135(1)(c)1, Florida Statutes (Supp.1996)) did not

Eagle v. State

772 So. 2d 1, 2000 WL 898070

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 1435578

Cited 2 times | Published

trafficking in illegal drugs in violation of section 893.135(1)(c)1, Florida Statutes (Supp.1996). He filed

State v. Dial

730 So. 2d 813, 1999 WL 212801

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 1755381

Cited 2 times | Published

four grams of hydrocodone, a violation of section 893.135(1)(c)1, Florida Statutes (1997). Defendants

Estevez v. State

713 So. 2d 1039, 1998 WL 314595

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 1732649

Cited 2 times | Published

term for trafficking in excess of 400 grams. § 893.135(1)(b), Fla. Stat. (1995). The court erred in sentencing

McClain v. State

709 So. 2d 136, 1998 WL 115565

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1279041

Cited 2 times | Published

grams of cocaine, (count two) in violation of section 893.135, Florida Statutes.[1] At trial, the State adduced

Limose v. State

656 So. 2d 947, 1995 WL 358050

District Court of Appeal of Florida | Filed: Jun 16, 1995 | Docket: 1283510

Cited 2 times | Published

though all of the offenses included within section 893.135 were first degree felonies, a different mandatory

Limose v. State

656 So. 2d 947, 1995 WL 358050

District Court of Appeal of Florida | Filed: Jun 16, 1995 | Docket: 1283510

Cited 2 times | Published

though all of the offenses included within section 893.135 were first degree felonies, a different mandatory

Soca v. State

656 So. 2d 536, 1995 WL 335713

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 1683811

Cited 2 times | Published

cocaine, in violation of Florida Statutes Section 893.135. He moved to suppress the cocaine, arguing

Hill v. State

624 So. 2d 826, 1993 WL 383535

District Court of Appeal of Florida | Filed: Sep 29, 1993 | Docket: 1517852

Cited 2 times | Published

"shall not be suspended, deferred, or withheld." § 893.135(1)(f)2., *827 Fla. Stat. (1989). At sentencing

Grant v. State

622 So. 2d 186, 1993 WL 310794

District Court of Appeal of Florida | Filed: Aug 17, 1993 | Docket: 813753

Cited 2 times | Published

400 or more grams of cocaine... ." Plainly, section 893.135(1)(b)(1), Florida Statutes (1991) provides

Kraft v. State

583 So. 2d 365, 1991 WL 116983

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 1284159

Cited 2 times | Published

cannabis but less than 10,000 pounds pursuant to section 893.135(1)(a)2, Florida Statutes (1985). Our reversal

Short v. State

572 So. 2d 1007, 1991 WL 117

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 2557550

Cited 2 times | Published

misplaced. The mandatory sentence imposed by section 893.135, Florida Statutes (1987), takes precedence

McDonald v. State

564 So. 2d 523, 1990 WL 82105

District Court of Appeal of Florida | Filed: Jun 18, 1990 | Docket: 1688992

Cited 2 times | Published

the five-year mandatory minimum pursuant to Section 893.135(1), Florida Statutes; for possession of a firearm

Campbell v. State

558 So. 2d 34, 1989 WL 152147

District Court of Appeal of Florida | Filed: Dec 14, 1989 | Docket: 1726423

Cited 2 times | Published

sentence and $250,000.00 fine, pursuant to section 893.135, Florida Statutes. The first issue raised in

State v. Fernandez

546 So. 2d 791, 1989 WL 81706

District Court of Appeal of Florida | Filed: Jul 25, 1989 | Docket: 1730941

Cited 2 times | Published

attempted delivery, or attempted possession. § 893.135(1)(a), Fla. Stat. (1985). Here, the information

Rada v. State

544 So. 2d 1112, 1989 WL 62750

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 1709747

Cited 2 times | Published

of trafficking in cocaine in violation of Section 893.135, Florida Statutes (1987), and attempted bail-jumping

State v. Senich

543 So. 2d 804, 1989 WL 43305

District Court of Appeal of Florida | Filed: May 9, 1989 | Docket: 1729940

Cited 2 times | Published

fifteen-year mandatory minimum required by section 893.135(1)(b)(3), Florida Statutes (1987). The sentence

State v. Nichols

536 So. 2d 1052, 1988 WL 100558

District Court of Appeal of Florida | Filed: Sep 28, 1988 | Docket: 1759748

Cited 2 times | Published

sentence and waiving the $50,000 fine mandated by section 893.135(1)(b)(1), Florida Statutes (1985). The defendant

Ramos v. State

529 So. 2d 807, 1988 WL 82677

District Court of Appeal of Florida | Filed: Aug 10, 1988 | Docket: 432331

Cited 2 times | Published

traffic statute under which Ramos was charged, section 893.135(5), Florida Statutes (1985), states: Any person

Rubiano v. State

528 So. 2d 1262, 1988 WL 73711

District Court of Appeal of Florida | Filed: Jul 20, 1988 | Docket: 1366509

Cited 2 times | Published

with trafficking in cocaine in violation of section 893.135(1)(b)1, Florida Statutes (1985), after 548

State v. Edwards

528 So. 2d 120, 1988 WL 71547

District Court of Appeal of Florida | Filed: Jul 14, 1988 | Docket: 1717693

Cited 2 times | Published

in cocaine (a felony) in violation of *121 section 893.135(1)(b)1, Florida Statutes (1985). Edwards filed

Elias v. State

526 So. 2d 1014, 1988 WL 60469

District Court of Appeal of Florida | Filed: Jun 15, 1988 | Docket: 1679797

Cited 2 times | Published

actual possession of cocaine in violation of section 893.135(1)(b), Florida Statutes (1987). Therefore,

Perez v. State

524 So. 2d 720, 1988 WL 44474

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1341780

Cited 2 times | Published

and trafficking in cannabis in violation of section 893.135, Florida Statutes (1983). These offenses were

State v. Suarez

510 So. 2d 643, 12 Fla. L. Weekly 1839

District Court of Appeal of Florida | Filed: Jul 29, 1987 | Docket: 1587251

Cited 2 times | Published

was entitled to a mitigated sentence under section 893.135(3), Florida Statutes (1985). The trial court

State v. Niemcow

505 So. 2d 670, 12 Fla. L. Weekly 1069

District Court of Appeal of Florida | Filed: Apr 16, 1987 | Docket: 1455011

Cited 2 times | Published

traffic in cocaine greater than 400 grams, section 893.135(4), Florida Statutes (1985). The trial judge

State v. Cuesta

490 So. 2d 239, 11 Fla. L. Weekly 1447

District Court of Appeal of Florida | Filed: Jun 27, 1986 | Docket: 2547037

Cited 2 times | Published

rendering substantial assistance pursuant to section 893.135(3), Florida Statutes (1983). The state said

Sastre v. State

487 So. 2d 1137, 11 Fla. L. Weekly 948

District Court of Appeal of Florida | Filed: Apr 22, 1986 | Docket: 1797246

Cited 2 times | Published

minimum mandatory incarceration pursuant to Section 893.135, Fla. Stat. (1983). The instant appeals followed

Allen v. State

479 So. 2d 257, 10 Fla. L. Weekly 2696

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 294027

Cited 2 times | Published

mandatory minimum incarceration under *258 section 893.135(1)(b)(2), Florida Statutes (1983), is five

Zarate v. State

466 So. 2d 1176, 10 Fla. L. Weekly 875

District Court of Appeal of Florida | Filed: Apr 2, 1985 | Docket: 439067

Cited 2 times | Published

United States Constitution. She concedes that Section 893.135(2), Florida Statutes (1983), under which she

Rico v. State

463 So. 2d 1172, 10 Fla. L. Weekly 25

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 1509725

Cited 2 times | Published

conspiracy to traffic in cocaine, violations of section 893.135, Florida Statutes (1983). We reverse. We agree

Way v. State

458 So. 2d 881

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 1733209

Cited 2 times | Published

imprisonment and a $50,000.00 fine pursuant to section 893.135(1)(b)1, Florida Statutes (1981). He argues

Madruga v. State

434 So. 2d 331

District Court of Appeal of Florida | Filed: Jun 14, 1983 | Docket: 1318290

Cited 2 times | Published

of 3 years under the trafficking statute, Section 893.135(1)(a)1 Florida Statutes (1981) which would

State v. Kopulos

413 So. 2d 1195

District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 1702473

Cited 2 times | Published

(1979), and the drug trafficking statute, Section 893.135(1)(a)1, Florida Statutes (1979) which rendered

State v. Thebeau

405 So. 2d 973

Supreme Court of Florida | Filed: Nov 5, 1981 | Docket: 2045586

Cited 2 times | Published

2d 386 (Fla. 1981), we held constitutional section 893.135, Florida Statutes (1979), Florida's drug trafficking

Knight v. State

398 So. 2d 908

District Court of Appeal of Florida | Filed: May 4, 1981 | Docket: 1696315

Cited 2 times | Published

appeal, challenging the constitutionality of Section 893.135, Florida Statutes (1979), is foreclosed by

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

238 So. 3d 192

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897

Cited 1 times | Published

for prosecution under the trafficking statute, § 893.135, Florida Statutes. Accordingly, the exact nature

State v. Kena R. Mease

200 So. 3d 161, 2016 Fla. App. LEXIS 9674, 2016 WL 3458715

District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3091550

Cited 1 times | Published

resentencing consistent with this opinion. Section 893.135(l)(f)(l)(b), Florida Statutes (2015), provides

State v. Yee

177 So. 3d 72, 2015 Fla. App. LEXIS 15198, 2015 WL 5965213

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919757

Cited 1 times | Published

count of possession of cannabis pursuant to section 893.135, Florida Statutes (2014). Prior to trial, Yee’s

Thomas v. State

162 So. 3d 1084, 2015 Fla. App. LEXIS 5568, 2015 WL 1736813

District Court of Appeal of Florida | Filed: Apr 17, 2015 | Docket: 60247373

Cited 1 times | Published

with a 25-year minimum mandatory sentence. See § 893.135(l)(c)l.e., Fla. Stat. (2012). Thomas alleged five

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-05

153 So. 3d 192, 2014 WL 6977938

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613862

Cited 1 times | Published

(⅞2004⅛ 25.9 TRAFFICKING IN CANNABIS § 893.135(l)(a), Fla. Stat. Certain drugs and chemical

Hampton v. State

135 So. 3d 440, 2014 WL 982667, 2014 Fla. App. LEXIS 3596

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60239638

Cited 1 times | Published

person to commit any act prohibited by [section 893.135(1) ].” § 893.135(5), Fla. Stat. (emphasis added). The

State v. Gonzalez

121 So. 3d 625, 2013 WL 4525576, 2013 Fla. App. LEXIS 13676

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60234467

Cited 1 times | Published

numerous drug trafficking-related charges under section 893.135(l)(c), Florida Statutes (2009). The state argues

Plummer v. State

121 So. 3d 1129, 2013 WL 4557828, 2013 Fla. App. LEXIS 13728

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60234328

Cited 1 times | Published

sentence of 15 years and a fine of $100,000.00. § 893.135(l)(c)l.b, Fla. Stat. (2010). Nothing in the statute

Tyler v. State

107 So. 3d 547, 2013 WL 673647, 2013 Fla. App. LEXIS 2994

District Court of Appeal of Florida | Filed: Feb 26, 2013 | Docket: 60228749

Cited 1 times | Published

trafficking in methamphetamine in violation of section 893.135, Florida Statutes, (Count 2) violated [the]

Bodie v. State

143 So. 3d 420, 2013 WL 646224, 2013 Fla. App. LEXIS 2974

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60242310

Cited 1 times | Published

tracking the language of the applicable statute, section 893.135(l)(f), Florida Statutes (2006), the State inadvertently

Smith v. State

95 So. 3d 966, 2012 WL 3537226, 2012 Fla. App. LEXIS 13621

District Court of Appeal of Florida | Filed: Aug 17, 2012 | Docket: 60311355

Cited 1 times | Published

the statute under which he was convicted, section 893.135(l)(e)l.a., Florida Statutes (2010), an unconstitutional

Basulto-Rodriguez v. State

95 So. 3d 403, 2012 WL 3192797, 2012 Fla. App. LEXIS 13059

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311212

Cited 1 times | Published

for trafficking in cannabis in violation of section 893.135(l)(a), Florida Statutes (2008), based on his

Davis v. State

95 So. 3d 340, 2012 WL 3044260, 2012 Fla. App. LEXIS 12215

District Court of Appeal of Florida | Filed: Jul 27, 2012 | Docket: 60311190

Cited 1 times | Published

possession of, 28 grams or more of cocaine.” § 893.135(1)(b)1, Fla. Stat. (2008). Conspiracy to commit

GREENWADE v. State

80 So. 3d 371, 2012 Fla. App. LEXIS 808, 2012 WL 178380

District Court of Appeal of Florida | Filed: Jan 24, 2012 | Docket: 2416403

Cited 1 times | Published

of cocaine in a given sample. Indeed, under section 893.135(1)(b)1, Florida Statutes (2009): Any person

Mullins v. State

74 So. 3d 146, 2011 Fla. App. LEXIS 17225, 2011 WL 5126172

District Court of Appeal of Florida | Filed: Oct 31, 2011 | Docket: 2355552

Cited 1 times | Published

[trafficking in methamphetamine in violation of section 893.135] when the underlying conduct, i.e., possession

Melton v. State

73 So. 3d 296, 2011 Fla. App. LEXIS 14653, 2011 WL 4104996

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 60303365

Cited 1 times | Published

trafficking in methamphetamine in violation of section 893.135, Florida Statutes, (Count 2) violated his constitutional

Shelton v. Secretary, Department of Corrections

802 F. Supp. 2d 1289, 2011 U.S. Dist. LEXIS 86898, 2011 WL 3236040

District Court, M.D. Florida | Filed: Jul 27, 2011 | Docket: 65975126

Cited 1 times | Published

Florida Circuit Court concluded that Fla. Stat. § 893.135(l)(b), the cocaine trafficking provision, is unconstitutional

Charles v. State

59 So. 3d 291, 2011 Fla. App. LEXIS 5202, 2011 WL 1444387

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299666

Cited 1 times | Published

imposed for attempted trafficking in cocaine, § 893.135(1)(b)1, Fla. Stat. (2007); § 777.04(1), Fla. Stat

Redd v. State

49 So. 3d 329, 2010 Fla. App. LEXIS 18654, 2010 WL 4967664

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60296731

Cited 1 times | Published

able to prove its case for trafficking.2 See § 893.135(l)(b), Fla. Stat. (2007) (defining the crime of

Montgomery v. State

36 So. 3d 188, 2010 Fla. App. LEXIS 8247, 2010 WL 2330419

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 2551607

Cited 1 times | Published

100 percent of the court-imposed sentence."); § 893.135(3), Fla. Stat. (2008) ("A person sentenced to

Carson v. State

37 So. 3d 884, 2010 Fla. App. LEXIS 5526, 2010 WL 1641511

District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 1668532

Cited 1 times | Published

habitual offender. 743 So.2d at 103. We held that section 893.135(l)(b), Florida Statutes, required that such

Laurore v. State

3 So. 3d 1286, 2009 Fla. App. LEXIS 1784, 2009 WL 605316

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1169527

Cited 1 times | Published

imposed by the trial court was not authorized by section 893.135(1)(b)1.b., Florida Statutes (1995), as that

Arzola v. State

994 So. 2d 1209, 2008 WL 4889132

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 392821

Cited 1 times | Published

of trafficking in cocaine, in violation of section 893.135, Florida Statutes (2007). He appeals the trial

Wright v. State

992 So. 2d 911, 2008 WL 4682599

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1723217

Cited 1 times | Published

So.2d 899 (Fla. 2d DCA 2004), we construed section 893.135(1)(b)(1)(a), Florida Statutes (1995), which

Velazquez v. State

973 So. 2d 1206, 2008 WL 142099

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1688217

Cited 1 times | Published

of cocaine involved was more than 400 grams. § 893.135(1)(b)(1)(c), Fla. Stat. (2002). The sentences

Nedd v. State

965 So. 2d 1287, 2007 WL 3010344

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 1509120

Cited 1 times | Published

with trafficking in illegal drugs. *1288 See § 893.135(1)(c)1.c., Fla. Stat. (2000). We can summarize

Pallin v. State

965 So. 2d 1226, 2007 WL 2805606

District Court of Appeal of Florida | Filed: Sep 28, 2007 | Docket: 446621

Cited 1 times | Published

additional act. See 21 U.S.C. § 841(a)(1) (2006); § 893.135(b)1., Fla. Stat. (2003). Therefore, we find the

Kelly v. State

964 So. 2d 135, 2007 WL 1836835

Supreme Court of Florida | Filed: Jun 28, 2007 | Docket: 1261328

Cited 1 times | Published

the exact language of the governing statute, section 893.135, Florida Statutes, which reads in pertinent

Williams v. State

958 So. 2d 529, 2007 WL 1610419

District Court of Appeal of Florida | Filed: Jun 6, 2007 | Docket: 1734815

Cited 1 times | Published

seven-year mandatory minimum, as well as under section 893.135(1)(b). On the other two counts, he was sentenced

Philius v. State

936 So. 2d 730, 2006 WL 2366431

District Court of Appeal of Florida | Filed: Aug 17, 2006 | Docket: 267299

Cited 1 times | Published

of the appellant's motion on the fact that section 893.135(1)(k)2.a., Florida Statutes, authorizes the

Giralt v. State

935 So. 2d 599, 2006 Fla. App. LEXIS 13265, 2006 WL 2268048

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 64846113

Cited 1 times | Published

but less than 2000 pounds, in violation of section 893.135(l)(a), Florida Statutes (2001). The defendant

Mastay v. McDonough

928 So. 2d 512, 2006 Fla. App. LEXIS 7164, 2006 WL 1272557

District Court of Appeal of Florida | Filed: May 11, 2006 | Docket: 64844590

Cited 1 times | Published

term for trafficking in cocaine pursuant to section 893.135, Florida Statutes (2000). We agree and, accordingly

McGraw v. State

922 So. 2d 243, 2006 WL 120021

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 415088

Cited 1 times | Published

McGraw's claim that the fine imposed pursuant to section 893.135(1)(b)(1), Florida Statutes (1989), was illegal

Kennedy v. State

915 So. 2d 269, 2005 WL 3299707

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 1690639

Cited 1 times | Published

actually committed such prohibited act." See § 893.135(5), Fla. Stat. (1998). Kennedy's assertion that

Bradshaw v. State

906 So. 2d 331, 2005 WL 1559893

District Court of Appeal of Florida | Filed: Jul 6, 2005 | Docket: 1774785

Cited 1 times | Published

because the statute under which it was imposed, section 893.135, Florida Statutes, as amended by chapter 99-188

Terry v. State

892 So. 2d 1132, 2004 WL 3015211

District Court of Appeal of Florida | Filed: Dec 30, 2004 | Docket: 1173002

Cited 1 times | Published

but less than 200 grams, in violation of section 893.135, Florida Statutes. We determine that the state

State v. Crews

884 So. 2d 1139, 2004 WL 2387080

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988

Cited 1 times | Published

38, at 3726-27, Laws of Fla. [3] See, e.g., § 893.135(3), Fla. Stat. (2003) (involving offenses for

Zatyka v. State

872 So. 2d 285, 2004 WL 735770

District Court of Appeal of Florida | Filed: Apr 7, 2004 | Docket: 2572945

Cited 1 times | Published

minimum of three years in prison provided for by section 893.135(1)(k), Florida Statutes (2001), and imposed

Marrero v. State

864 So. 2d 1131, 2003 WL 23094743

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 198987

Cited 1 times | Published

offenses were committed on January 5, 2000. Section 893.135 had been amended between the 1999 statute,

Urruchurtu v. State

858 So. 2d 387, 2003 WL 22494859

District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 2561428

Cited 1 times | Published

CURIAM. The order under review is affirmed. See § 893.135(1)(j), Fla. Stat. (2000). The defendant was charged

Padilla v. State

870 So. 2d 6, 2003 WL 21749056

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1330849

Cited 1 times | Published

mandatory minimum term of imprisonment pursuant to section 893.135(1)(b)(1)(b), Florida Statutes (2001). Count

Abbott v. State

744 So. 2d 578, 1999 WL 1024031

District Court of Appeal of Florida | Filed: Nov 12, 1999 | Docket: 1721357

Cited 1 times | Published

trafficking in methamphetamine in violation of section 893.135, Florida Statutes (1997). Appellant's defense

State v. Falkenstein

720 So. 2d 1143, 1998 WL 821823

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1719082

Cited 1 times | Published

Hydrocodone in violation of Florida Statute section 893.135(l)(c)1, and Grand Theft. They moved to dismiss

In re Adoption of Florida Rules of Criminal Procedure 3.704 & 3.992 to Implement the Florida Criminal Punishment Code

721 So. 2d 265, 23 Fla. L. Weekly Supp. 497, 1998 Fla. LEXIS 1829, 1998 WL 650579

Supreme Court of Florida | Filed: Sep 24, 1998 | Docket: 64784506

Cited 1 times | Published

primary offense is drug trafficking under section 893.135, Florida Statutes, ranked in offense severity

Gonzalez v. State

714 So. 2d 1125, 1998 WL 390559

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 461680

Cited 1 times | Published

trafficking in 400 grams or more of cocaine, § 893.135(1)(b), Fla. Stat. (1995), and possession of cocaine

Johnson v. State

689 So. 2d 1124, 1997 WL 66222

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 1739319

Cited 1 times | Published

differences between these crimes. Pursuant to section 893.135(1)(b), Florida Statutes (1995), a person traffics

McCluster v. State

681 So. 2d 716, 1996 Fla. App. LEXIS 3070, 1996 WL 139206

District Court of Appeal of Florida | Filed: Mar 29, 1996 | Docket: 64768392

Cited 1 times | Published

manufacture, delivery and bringing into this state. § 893.135, Fla.Stat. (1993). Simple possession is not a

State v. Sargent

617 So. 2d 1115, 1993 WL 143951

District Court of Appeal of Florida | Filed: May 7, 1993 | Docket: 1512574

Cited 1 times | Published

of the defendants was rendered pursuant to section 893.135(3), Florida Statutes (1985). More importantly

State v. McKenzie

574 So. 2d 1176, 1991 WL 15557

District Court of Appeal of Florida | Filed: Feb 7, 1991 | Docket: 1729800

Cited 1 times | Published

"complied with the mandatory sentencing provisions of § 893.135(1)(b)(1) when he imposed four year sentences"

State v. Maugeri

570 So. 2d 1153, 1990 WL 205490

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 2530545

Cited 1 times | Published

which we emphasize: DOES AN AGREEMENT UNDER SECTION 893.135(4) AS AMENDED, WHEREBY A CONVICTED DRUG TRAFFICKER

Crisel v. State

561 So. 2d 453, 1990 WL 66198

District Court of Appeal of Florida | Filed: May 18, 1990 | Docket: 1480934

Cited 1 times | Published

punishable as a first-degree misdemeanor. Section 893.135(1)(a), Florida Statutes (1987), provides for

State v. Venegas

557 So. 2d 236, 1989 WL 197112

District Court of Appeal of Florida | Filed: Feb 28, 1990 | Docket: 456883

Cited 1 times | Published

move for a sentence reduction pursuant to section 893.135(4), Florida Statutes (1987), constituted bad

Essex v. State

539 So. 2d 559, 1989 WL 20694

District Court of Appeal of Florida | Filed: Mar 8, 1989 | Docket: 373696

Cited 1 times | Published

grams but less than 200 grams, contrary to Florida Statute 893.135(1)(b)1. [emphasis supplied.] There is no

Garrison v. State

530 So. 2d 365, 1988 WL 79819

District Court of Appeal of Florida | Filed: Aug 4, 1988 | Docket: 1267755

Cited 1 times | Published

135(1)(b)(3); 893.03(2)(a)(4), Fla. Stat. (1985). [2] Section 893.135(1)(b), Florida Statutes (1985) states that

State v. Acosta

506 So. 2d 387, 12 Fla. L. Weekly 131

Supreme Court of Florida | Filed: Mar 19, 1987 | Docket: 1700262

Cited 1 times | Published

sentence of seven years in accordance with section 893.135, Florida Statutes (1983). The trial judge accepted

Noon v. State

480 So. 2d 668, 10 Fla. L. Weekly 2682

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 1667290

Cited 1 times | Published

an agreement with the state as provided in section 893.135(3), Florida Statutes (1983). In conjunction

Payret v. Adams

471 So. 2d 218, 10 Fla. L. Weekly 1577

District Court of Appeal of Florida | Filed: Jun 26, 1985 | Docket: 1397085

Cited 1 times | Published

? DOWNEY and HERSEY, JJ., concur. NOTES [1] § 893.135(4), Fla. Stat. (1983).

Zimmerman v. State

467 So. 2d 1119, 10 Fla. L. Weekly 1123

District Court of Appeal of Florida | Filed: May 3, 1985 | Docket: 1680576

Cited 1 times | Published

than 100 pounds of cannabis in violation of section 893.135(1)(a)1, Florida Statutes. State cross-appealed

Quinones v. State

448 So. 2d 608

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 245654

Cited 1 times | Published

substantial assistance to the state pursuant to Section 893.135(3), Florida Statutes (1981), and is not bound

State v. Loomis

436 So. 2d 1103

District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 1340212

Cited 1 times | Published

with trafficking in marijuana in violation of Section 893.135(1)(a), Florida Statutes (1979). Their motion

Comparato v. State

419 So. 2d 1131, 1982 Fla. App. LEXIS 21106

District Court of Appeal of Florida | Filed: Sep 10, 1982 | Docket: 64592235

Cited 1 times | Published

person found guilty of trafficking in cannabis. Section 893.-135(2), Florida Statutes. Accordingly, the trial

Paul Allen Davis v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71276453

Published

mandatory $2,500 surcharge thereon, pursuant to section 893.135(1)(f)1.a., Florida Statutes (2021), and section

Shain Gordon Shaw v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098331

Published

defendant to pay two $50,000 fines, pursuant to section 893.135, Florida Statutes, plus a $2,500 surcharge

United States v. Charles Rowe

Court of Appeals for the Eleventh Circuit | Filed: Jul 15, 2025 | Docket: 70186092

Published

Argued: May 6, 2025

in- cluding cocaine trafficking. See Fla. Stat. § 893.135(1)(b). A grand jury later indicted Rowe

Juan Manuel Reyes v. State of Florida

District Court of Appeal of Florida | Filed: Jun 30, 2025 | Docket: 70675371

Published

cocaine—28 grams or more, in violation of section 893.135(1)(b), Florida Statutes (2019), violate the

Lavoski Jackson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899470

Published

expert testified is a substituted cathinone. Section 893.135(1), Florida Statutes (2023), provides:

Campbell v. State of Florida

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69792800

Published

Jury Instr. (Crim.) 25.7(a) (2023); see also § 893.135(1)(a)1, Fla. Stat. (2022). On appeal, Campbell

Terell Devon Ross v. State of Florida

District Court of Appeal of Florida | Filed: Mar 14, 2025 | Docket: 69737229

Published

twenty-eight grams or more, as a life felony. Section 893.135(1)(c)1.c., Florida Statutes (2023), provides

MUHAMMAD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68863740

Published

pleaded no contest to trafficking in fentanyl. See § 893.135(1)(c)4.a.(III), (1)(c)4.b.(II), Fla. Stat. (2019)

ISLAAM v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 14, 2024 | Docket: 68855842

Published

to describe mandatory fines. For example, section 893.135 uses the phrase "shall be ordered to pay"

Monique Haughton Worrell v. Ron D. DeSantis, Governor

Supreme Court of Florida | Filed: Jun 6, 2024 | Docket: 68833105

Published

drug trafficking offenses as set forth in section 893.135, Florida Statutes (2023), and gun crimes as

Dale E. Folsom v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422848

Published

trafficking in methamphetamine in violation of section 893.135, Florida Statutes (2018). On the trafficking

DONNIS T. FOSTER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68403453

Published

withdraw plea. nondiscretionary fine mandated by section 893.135(1)(c)1.b, Florida Statutes (2010). On appeal

Tony Jerome Byrd, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 67988498

Published

charge of trafficking, a first degree felony. See § 893.135(1)(f)1.a., Fla. Stat. (2019). During the transaction

Advisory Opinion to the Attorney General Re: Adult Personal Use of Marijuana

Supreme Court of Florida | Filed: Apr 1, 2024 | Docket: 68397159

Published

fines, which increase depending on the amount. § 893.135(1), Fla. Stat. (2023). 20. See § 561.02

TROY RANDLE STALTER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 21, 2023 | Docket: 68107541

Published

count 2 for trafficking in morphine under section 893.135(1)(c), Florida Statutes; count 4 for trafficking

The State of Florida v. Daniel Arshadnia

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103690

Published

2,000 pounds of cannabis, in violation of section 893.135(1)(a)1., Florida Statutes (2018); (2) possession

Tyler Land v. Sheriff of Jackson County Florida

Court of Appeals for the Eleventh Circuit | Filed: Oct 31, 2023 | Docket: 67561738

Published

Argued: Sep 21, 2023

trafficking quantity. See FLA. STAT. § 893.135(1)(f)(1). Officers identified Land

THE STATE OF FLORIDA v. TYQUANE WILLIAMS

District Court of Appeal of Florida | Filed: Sep 6, 2023 | Docket: 67765019

Published

phenethylamine over ten grams in violation of section 893.135(1)(k)(2)(a), Florida Statutes. The charges

CLARENCE F. STEPHENSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 67601167

Published

timely filed motion for rehearing. 1 See § 893.135(1)(f)1.a., Fla. Stat. (2018) (a person who traffics

GRANVILLE WILLIAMS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419184

Published

expunction because he had been convicted under section 893.135. The defendant responded that section 943.0583

United States v. Chavar Alec Harrison

Court of Appeals for the Eleventh Circuit | Filed: Jan 10, 2023 | Docket: 66712134

Published

(holding prior version of Fla. Stat. § 893.135(1)(c)1. indivisible when the alternatives were

United States v. Michael Anthony Conage

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 2022 | Docket: 65391418

Published

conviction for drug trafficking under Florida Statutes § 893.135(1)(b)1. Conage contended that the particular Florida

Michael Anthony Conage v. United States

Supreme Court of Florida | Filed: Aug 25, 2022 | Docket: 64921097

Published

for trafficking in cocaine in violation of section 893.135(1)(b)1., Florida Statutes (2006). Conage appealed

Reggie Eugene Allen v. State of Florida

Supreme Court of Florida | Filed: Sep 23, 2021 | Docket: 60416616

Published

§ 812.014(2), Fla. Stat. (2020). 10. See § 893.135, Fla. Stat. (2020).

Reggie Eugene Allen v. State of Florida

Supreme Court of Florida | Filed: Sep 2, 2021 | Docket: 60333805

Published

§ 812.014(2), Fla. Stat. (2020). 10. See § 893.135, Fla. Stat. (2020).

Luther McKiver v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Mar 25, 2021 | Docket: 59764818

Published

at least 53 oxycodone pills in it. 1 See § 893.135(1)(c)(1)(c) (2008).

United States v. Michael Anthony Conage

Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 2020 | Docket: 18490637

Published

cocaine trafficking statute, Florida Statutes § 893.135(1)(b)1. Defendant Michael Conage, who was convicted

Alban Lukaj v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Mar 30, 2020 | Docket: 17022532

Published

in methylenedioxymethamphetamine, Fla. Stat. § 893.135(1)(k)(2)(c), (5) and in 2010 for aggravated battery

Kelvin Leon Jones v. Governor of Florida

Court of Appeals for the Eleventh Circuit | Filed: Feb 19, 2020 | Docket: 16861481

Published

every defendant who is not.” See also Fla. Stat. § 893.135 (imposing mandatory fines of no lower than $25

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-03

Supreme Court of Florida | Filed: Feb 6, 2020 | Docket: 16811588

Published

for prosecution under the trafficking statute, § 893.135, Florida Statutes. Accordingly, the exact nature

TREMAINE DRIVER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 15, 2020 | Docket: 16695552

Published

See Fla. Std. Jury Instr. (Crim.) 25.7(a); § 893.135(1)(c)(1), Fla. Stat. The elements of possession

HERBERT REESE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16400360

Published

Wright with trafficking in cocaine under section 893.135(1)(b)(1), Florida Statutes (2004). The charging

DERICK ROSENWALD v. LARS SEVERSON, Warden Okeechobee Correctional Institution

District Court of Appeal of Florida | Filed: Oct 23, 2019 | Docket: 16368680

Published

Ch. 2014-176, § 1, Laws of Fla. (creating section 893.135(1)(c)3.b., Florida Statutes). Appellant argued

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-12.

272 So. 3d 243

Supreme Court of Florida | Filed: May 30, 2019 | Docket: 15696547

Published

TRAFFICKING IN (NAME OF CONTROLLED SUBSTANCE) § 893.135(1), Fla. Stat. Certain drugs and chemical

State v. Herrera-Fernandez

271 So. 3d 1124

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752816

Published

minimum sentence of fifteen years in prison. See § 893.135(b)1.c., Fla. Stat. (2015). Independently, under

Fairley v. State

253 So. 3d 1251

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 64687674

Published

2 of the judgment and sentence to reflect section 893.135(1)(c)1., Florida Statutes. AFFIRMED and REMANDED

Tristan Jamaal Fairley v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804241

Published

2 of the judgment and sentence to reflect section 893.135(1)(c)1., Florida Statutes. AFFIRMED and

Swanson v. Scott

334 F. Supp. 3d 1203

District Court, M.D. Florida | Filed: Aug 10, 2018 | Docket: 64320695

Published

on December 5, 2008 in violation of Fla. Stat. § 893.135(1)(c)(1). In this case, the identity of the person

Gould v. State

251 So. 3d 1034

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 64685455

Published

possession of, 28 grams or more of cocaine ...." § 893.135(1)(b)1., Fla. Stat. (2017). Thus, the State was

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

Strickland v. State

243 So. 3d 529

District Court of Appeal of Florida | Filed: May 18, 2018 | Docket: 64678648

Published

16-CF-2598, count 4 is a first-degree felony. See § 893.135(1)(f)1.a., Fla. Stat. (2016). In case number 17-CF-501

Zachariah Strickland v. State of Florida

District Court of Appeal of Florida | Filed: May 18, 2018 | Docket: 6771551

Published

16-CF-2598, count 4 is a first-degree felony. See § 893.135(1)(f)1.a., Fla. Stat. (2016). In case number 17-CF-501

Jose Emilio Ulloa Francisco v. U.S. Attorney General

884 F.3d 1120

Court of Appeals for the Eleventh Circuit | Filed: Mar 12, 2018 | Docket: 6330997

Published

bringing of cocaine into Florida. Fla. Stat. § 893.135 (1)(b) 1.c. The alien admitted that these

Bobby Bigham v. State of Florida

238 So. 3d 900

District Court of Appeal of Florida | Filed: Feb 23, 2018 | Docket: 6314228

Published

more, but less than 28 grams) pursuant to section 893.135(1)(c)1.b., Florida Statutes. He alleged that

Jeffrey R. Nolley v. State of Florida

237 So. 3d 469

District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6300932

Published

containing it weighed fourteen grams or more. See § 893.135(1)(f), Fla. Stat. (2016); Fla. Std. Jury Instr

Torres v. State

236 So. 3d 499

District Court of Appeal of Florida | Filed: Feb 2, 2018 | Docket: 64672050

Published

to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). We, therefore

Jose I. Torres v. State

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300770

Published

to the drug trafficking charge pursuant to section 893.135(1), Florida Statutes (2015). We, therefore

Thames v. State

230 So. 3d 566

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 6181365

Published

possession be undertaken “knowingly” appears in section 893.135, the trafficking statute. In construing the

Randy Anderson v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144138

Published

28 grams and 30 kilograms of hydrocodone, section 893.135(1)(c)1.c., Florida Statutes (2014), is illegal

United States v. Nakey Demetruis White

868 F.3d 1285, 2017 WL 3633775, 2017 U.S. App. LEXIS 16189

Court of Appeals for the Eleventh Circuit | Filed: Aug 24, 2017 | Docket: 6143205

Published

trafficking-cocaine-by-possession conviction under Fla. Stat. § 893.135(l)(b), which, like the Alabama statute in Mr.

Rooks v. State

224 So. 3d 272, 2017 WL 2960766, 2017 Fla. App. LEXIS 9962

District Court of Appeal of Florida | Filed: Jul 12, 2017 | Docket: 6088805

Published

or more, but less than twenty-eight grams. See § 893.135(1)(c)1., Fla. Stat. (2014). 2 On August

Jamido Pineirocaban v. State

224 So. 3d 777, 2017 WL 2389976, 2017 Fla. App. LEXIS 7976

District Court of Appeal of Florida | Filed: Jun 2, 2017 | Docket: 6071401

Published

Pineirocaban was charged with violating section 893.135(l)(b)l.b., Florida Statutes (2015), by knowingly

Holt v. State

216 So. 3d 764, 2017 Fla. App. LEXIS 5898

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265483

Published

to impose the mandatory $25,000 fine under section 893.135(l)(a)(l), Florida Statutes (2013), which is

In Re: Standard Jury Instructions in Criminal Cases-Report 2016-09

216 So. 3d 497

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813561

Published

2017. 25.9 TRAFFICKING IN CANNABIS § 893.135(l)(a), Fla. Stat. Certain drugs and chemical

Wiles v. State

198 So. 3d 924, 2016 Fla. App. LEXIS 11737, 2016 WL 4131803

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 4116626

Published

cocaine convictions. Id.; see also § 893.135(l)(b)(l)(c), Fla. Stat. (2011). After this court

Ryan Wilder v. State of Florida

194 So. 3d 1050, 2016 Fla. App. LEXIS 9223, 2016 WL 3266119

District Court of Appeal of Florida | Filed: Jun 15, 2016 | Docket: 3078541

Published

charged'with trafficking in methamphetamine under section 893.135(l)(f)l., Florida Statutes (2011). He was also

In Re: Standard Jury Instructions in Criminal Cases - Report No. 2015-03 – Corrected Opinion

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065478

Published

TRAFFICKING IN CANNABIS § 893.135(1)(a), Fla. Stat. Certain drugs and chemical

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2015-03

191 So. 3d 291, 2016 WL 1375710

Supreme Court of Florida | Filed: Apr 7, 2016 | Docket: 3051607

Published

2016. 25.9 TRAFFICKING IN CANNABIS § 893.135(l)(a), Fla. Stat. Certain drugs and chemical

Kevin Osorio v. State of Florida

186 So. 3d 601, 2016 Fla. App. LEXIS 3134, 2016 WL 803515

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040734

Published

"trafficking in gamma-butyrolactone (GBL)".... § 893.135(1X1)1., Fla. Stat. (2011). 2 .

United States v. Eriza-Gomez

644 F. App'x 920

Court of Appeals for the Eleventh Circuit | Filed: Feb 29, 2016 | Docket: 65962091

Published

Florida’s cocaine trafficking statute — Fla. Stat. § 893.135(l)(b) — is a “drug trafficking offense” for purposes

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

Williams v. State

184 So. 3d 623, 2016 Fla. App. LEXIS 1409, 2016 WL 403202

District Court of Appeal of Florida | Filed: Feb 3, 2016 | Docket: 3033840

Published

mandatory sentence of three years. See § 893.135(1)(b)1.a., Fla. Stat. (2014). On the morning

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

Thomas M. Palmer v. State of Florida

180 So. 3d 1096

District Court of Appeal of Florida | Filed: Dec 3, 2015 | Docket: 3018189

Published

Florida Statutes. And the trafficking statute, section 893.135(l)(f)l., Florida Statutes, provides that a

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

the_mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

State v. Kite

178 So. 3d 98, 2015 Fla. App. LEXIS 16005, 2015 WL 6499063

District Court of Appeal of Florida | Filed: Oct 28, 2015 | Docket: 60251667

Published

not- a crime.” Specifically, the court read section 893.135(l)(f)l.b.' to prohibit the sale, purchase;

Westerman v. State

175 So. 3d 937, 2015 Fla. App. LEXIS 14991, 2015 WL 5883501

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 60250698

Published

concur. . § 893.13(6)(á), Fla. Stat. (2014). . § 893.135(1)©, Fla. Stat. (2014).

Wiles v. State

162 So. 3d 342, 2015 Fla. App. LEXIS 4618, 2015 WL 1449241

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2646044

Published

trafficking in cocaine convictions. See § 893.135(l)(b)(l)(c), Fla. Stat. (2011). This court affirmed

Perez-Riva v. State

152 So. 3d 98, 2014 Fla. App. LEXIS 19369, 2014 WL 6675919

District Court of Appeal of Florida | Filed: Nov 26, 2014 | Docket: 60245157

Published

commits a felony of the third degree.... Section 893.135, the basis for the trafficking charge, provides

Fletcher v. State

143 So. 3d 469, 2014 WL 3671312, 2014 Fla. App. LEXIS 11379

District Court of Appeal of Florida | Filed: Jul 25, 2014 | Docket: 60242329

Published

AFFIRMED. TORPY, C.J. and COHEN, J., concur. . § 893.135(l)(c)l.a., Fla. Stat. (2012). . § 893.147(1)

King v. State

146 So. 3d 505, 2014 WL 1168837

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60242924

Published

were identified” in the tested materials. See § 893.135(l)(f)c., Fla. Stat. (2009) ("Any person who knowingly

State v. Schultz

120 So. 3d 222, 2013 WL 4525439, 2013 Fla. App. LEXIS 13671

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60233960

Published

six trafficking in oxycodone charges under section 893.135(l)(c)l.c., Florida Statutes (2009). The state

In re Standard Jury Instructions in Criminal Cases-Instructions 25.9-25.13

112 So. 3d 1211, 2013 WL 1664379

Supreme Court of Florida | Filed: Apr 18, 2013 | Docket: 60230991

Published

concurs. *1218APPENDIX 25.9 TRAFFICKING IN CANNABIS § 893.135(l)(a), Fla. Stat. Certain drugs and chemical substances

Mosley v. State

100 So. 3d 1214, 2012 Fla. App. LEXIS 19539, 2012 WL 5458069

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225569

Published

requisite amount of cocaine for trafficking under section 893.135(1)(b)(1), Florida Statutes (2009). We affirm

Phillips v. State

100 So. 3d 249, 2012 Fla. App. LEXIS 19288, 2012 WL 5414366

District Court of Appeal of Florida | Filed: Nov 7, 2012 | Docket: 60225742

Published

perpetrate, a trafficking offense prohibited by section 893.135(1); arson; sexual battery; robbery; burglary;

Scott v. State

102 So. 3d 676, 2012 WL 5932998, 2012 Fla. App. LEXIS 19084

District Court of Appeal of Florida | Filed: Nov 2, 2012 | Docket: 60226745

Published

in part and dissents in part, with opinion. . § 893.135(5), Fla. Stat. (2008). . Article IV of the Florida

Davis v. State

100 So. 3d 224, 2012 Fla. App. LEXIS 18981, 2012 WL 5349514

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60225707

Published

bring into this state the drugs in question. § 893.135(1), Fla. Stat. (2009). Thus, no possibility exists

Garabedian v. State

98 So. 3d 1249, 2012 WL 4795624, 2012 Fla. App. LEXIS 17455

District Court of Appeal of Florida | Filed: Oct 10, 2012 | Docket: 60312155

Published

provided by the drug trafficking statute. See § 893.135(4), Fla. Stat. (2009). The law is well settled

Badgett v. State

97 So. 3d 320, 2012 WL 4033591, 2012 Fla. App. LEXIS 15449

District Court of Appeal of Florida | Filed: Sep 14, 2012 | Docket: 60311764

Published

trafficking in illegal drugs in violation of section 893.135(l)(c)l., Florida Statutes (2010), and Count

Gautreaux v. State

95 So. 3d 1012, 2012 WL 3629031, 2012 Fla. App. LEXIS 14080

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311049

Published

than thirty kilograms of heroin pursuant to section 893.135(l)(c)(l)(c), Florida Statutes (1997). Following

Fagan v. State

96 So. 3d 1023, 2012 Fla. App. LEXIS 14001, 2012 WL 3586779

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311377

Published

for trafficking in oxycodone in violation of Section 893.135(l)(c)l.a., Florida Statutes (2009). We affirm

Hannigan v. State

84 So. 3d 450, 2012 WL 1121369, 2012 Fla. App. LEXIS 5293

District Court of Appeal of Florida | Filed: Apr 5, 2012 | Docket: 60306741

Published

mandatory minimum prison sentence pursuant to section 893.135(l)(c)l.b., Florida Statutes (2009): (c)l. Any

Hollingshead v. State

80 So. 3d 424, 2012 WL 469808, 2012 Fla. App. LEXIS 2267

District Court of Appeal of Florida | Filed: Feb 15, 2012 | Docket: 60305705

Published

remained an offense throughout the relevant period. § 893.135(l)(c)l.c., Fla. Stat. (1999). Appellant’s claim

Hay v. State

79 So. 3d 852, 2012 Fla. App. LEXIS 1095, 2012 WL 246465

District Court of Appeal of Florida | Filed: Jan 27, 2012 | Docket: 2414774

Published

sentences for one count of drug trafficking, § 893.135(1)(c)(1)(c), Fla. Stat. (2008), and six counts

Medrano v. State

77 So. 3d 863, 2012 Fla. App. LEXIS 516, 2012 WL 126491

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 2358531

Published

including a fifteen-year mandatory minimum. See § 893.135(1)(k)2.c, Fla. Stat. (2008). In exchange for his

Jackson v. State

76 So. 3d 1130, 2012 Fla. App. LEXIS 155, 2012 WL 75112

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60304189

Published

that his sentence be modified accordingly. See § 893.135(l)(b)l.a., Fla. Stat. (2007); Ross, 528 So.2d

State v. Estrada

76 So. 3d 371, 2011 Fla. App. LEXIS 20454, 36 Fla. L. Weekly Fed. D 2771

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 438893

Published

charged with trafficking in cannabis pursuant to section 893.135(1)(a), Florida Statutes (2008), which requires

Fleming v. State

75 So. 3d 397, 2011 Fla. App. LEXIS 19171, 2011 WL 6003291

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 60303741

Published

terms imposed for cocaine trafficking (under § 893.135(1)) and aggravated assault with a firearm (under

Dennis v. State

67 So. 3d 1184, 2011 Fla. App. LEXIS 13055, 2011 WL 3627625

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60301949

Published

to reduce the $250,000 fine imposed under section 893.135(l)(c)l.b., Florida Statutes (2009), to the

State v. Triplett

82 So. 3d 860, 2011 Fla. App. LEXIS 8079, 2011 WL 2135541

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60306279

Published

State, 912 So.2d 69, 71 (Fla. 4th DCA 2005). Section 893.135(l)(c)l., Florida Statutes (2008), provides

HABEYCH v. State

58 So. 3d 372, 2011 Fla. App. LEXIS 4877, 2011 WL 1326238

District Court of Appeal of Florida | Filed: Apr 8, 2011 | Docket: 2568762

Published

COHEN, J., concurs specially, with opinion. . § 893.135(l)(c)l.b., Fla. Stat. (2009). . § 843.02, Fla

Van Ens v. State

48 So. 3d 997, 2010 Fla. App. LEXIS 18565, 2010 WL 4905511

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60296671

Published

than 28 grams of hydrocodone, in violation of section 893.135(6) and (7), Florida Statutes (2009). He asserts

Jimenez v. State

45 So. 3d 935, 2010 Fla. App. LEXIS 15599, 2010 WL 3984671

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 1927873

Published

trafficking in illegal drugs in violation of section 893.135(1)(c) of the Florida Statutes (1995). The sentencing

FIGUERREO v. State

42 So. 3d 887, 2010 Fla. App. LEXIS 12185, 2010 WL 3239154

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1148248

Published

mandatory minimum sentence of fifteen years. § 893.135(1)(b)1.c., Fla. Stat. (1995). The statute authorizes

Roberto Garces v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 2907059

Published

trafficking in cocaine, in violation of Fla. Stat. § 893.135; aggravated assault, in violation of Fla. Stat

Roberto Garces v. United States Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 2010 | Docket: 294401

Published

trafficking in cocaine, in violation of Fla. Stat. § 893.135; aggravated assault, in violation of Fla. Stat

Altman v. State

36 So. 3d 894, 2010 Fla. App. LEXIS 8193, 2010 WL 2292103

District Court of Appeal of Florida | Filed: Jun 9, 2010 | Docket: 60294505

Published

that the $50,000 fine was imposed pursuant to section 893.135(l)(c)l.a., Florida Statutes (2007). The entry

Broxton v. State

36 So. 3d 880, 2010 Fla. App. LEXIS 7708, 2010 WL 2217811

District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 60294501

Published

trafficking in Oxycodone, in violation of section 893.135(l)(c) of the Florida Statutes (2007). Determining

Purvis v. State

43 So. 3d 734, 2010 Fla. App. LEXIS 6675, 2010 WL 1926816

District Court of Appeal of Florida | Filed: May 14, 2010 | Docket: 2400367

Published

than 400 grams.[1]See Fla. R.Crim. P. 3.850; § 893.135(1)(b)(1)(c), Fla. Stat. (2001). We affirm, without

ENO v. State

24 So. 3d 784, 2009 Fla. App. LEXIS 20518, 2009 WL 5150245

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1648603

Published

GRIFFIN, J., concurs in result only. NOTES [1] See § 893.135(1)(f)1.a., Fla. Stat. (2007). [2] In another

Williams v. State

28 So. 3d 70, 2009 Fla. App. LEXIS 19492, 2009 WL 4604276

District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 1652537

Published

based on cases which held that pursuant to section 893.135(1)(b)1.a, Florida Statutes, which included

Hayes v. State

19 So. 3d 435, 2009 Fla. App. LEXIS 14835, 2009 WL 3103616

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 60254637

Published

appeals his convictions for trafficking in cocaine, § 893.135(l)(b)l.a., Fla. Stat. (2006), and possession of

BELLIZIA v. McNeil

758 F. Supp. 2d 1233, 2009 U.S. Dist. LEXIS 130487, 2009 WL 7249796

District Court, S.D. Florida | Filed: Jul 14, 2009 | Docket: 2341807

Published

Order to the parties listed below. NOTES [1] Fla. Stat. 893.135(1)(c)(1)(c)(2002) provides in relevant part:

Barrientos v. State

2 So. 3d 1069, 2009 Fla. App. LEXIS 789, 2009 WL 277448

District Court of Appeal of Florida | Filed: Feb 6, 2009 | Docket: 1139014

Published

concur. NOTES [1] See § 893.135(1)(b)(1)(c), Fla. Stat. (2005). [2] See § 893.135(1)(b)(1)(c), Fla. Stat

Hernandez v. State

994 So. 2d 488, 2008 Fla. App. LEXIS 17258, 2008 WL 4862535

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 64856743

Published

more. 28 grams is a little less than one ounce. § 893.135, Fla. Stat. (2005). . At trial, Hernandez’s

Ruff v. State

990 So. 2d 704, 2008 WL 4330183

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 2573104

Published

two counts of trafficking in oxycodone under section 893.135(1)(c)1.b, Florida Statutes (2003), one count

FIGUERREO v. State

982 So. 2d 1189, 2008 WL 2037804

District Court of Appeal of Florida | Filed: May 14, 2008 | Docket: 2511785

Published

cocaine, or more, but less than 400 grams. See § 893.135(1)(b)1.b, Fla. Stat. (1995). As a result, the

Coon v. State

979 So. 2d 447, 2008 WL 1806125

District Court of Appeal of Florida | Filed: Apr 23, 2008 | Docket: 2570308

Published

The fine for a violation of section 893.135(1)(a)1. is $25,000. See § 893.135(1)(a)1. The trial court imposed

Ferrentino v. State

974 So. 2d 514, 2008 Fla. App. LEXIS 1052, 2008 WL 268935

District Court of Appeal of Florida | Filed: Feb 1, 2008 | Docket: 64853897

Published

to trafficking in hydromorphone pursuant to section 893.135(l)(c)(l)(a), Florida Statutes (1991). On count

Smith v. State

965 So. 2d 176, 2007 Fla. App. LEXIS 12707, 2007 WL 2317298

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 64852528

Published

illegal drugs (hydrocodone) in violation of section 893.135(l)(c)(l)(c), Florida. Statutes (2004). At trial

Allende v. State

942 So. 2d 950, 2006 WL 3327635

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 1471093

Published

LAWSON and EVANDER, JJ., concur. NOTES [1] § 893.135(1)(b), Fla. Stat. (2002).

Burgos v. State

939 So. 2d 219, 2006 Fla. App. LEXIS 16930, 31 Fla. L. Weekly Fed. D 2539

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 64847177

Published

less than 200 grams of cocaine pursuant to section 893.135(1)(b)1.a., Florida Statutes (2003). Appellant

Molano v. State

930 So. 2d 697, 2006 Fla. App. LEXIS 5656, 2006 WL 1067289

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 64845187

Published

PER CURIAM. Affirmed. See § 893.135(l)(b)(l)(b), Fla. Stat. (2001); Gartrell v. State, 626 So.2d 1364

Gray v. State

915 So. 2d 254, 2005 Fla. App. LEXIS 18883, 2005 WL 3239244

District Court of Appeal of Florida | Filed: Dec 2, 2005 | Docket: 64841023

Published

See § 893.03(1)(d)(3), Fla. Stat. (2005). . § 893.135(4), Fla. Stat. (2005).

State v. Boyette

911 So. 2d 891, 2005 Fla. App. LEXIS 15628, 2005 WL 2414745

District Court of Appeal of Florida | Filed: Oct 3, 2005 | Docket: 64840525

Published

trafficking in hydrocodone in violation of section 893.135(l)(e)l.c., Florida Statutes (2002). The trial

Dominguez v. State

908 So. 2d 1146, 2005 Fla. App. LEXIS 12662, 2005 WL 1943230

District Court of Appeal of Florida | Filed: Aug 16, 2005 | Docket: 64840036

Published

pursuant to the guidelines is mandated by statute. § 893.135(l)(b)l.a., Fla. Stat. (1993); Clay v. State, 750

Dominguez v. State

908 So. 2d 1146, 2005 Fla. App. LEXIS 12662, 2005 WL 1943230

District Court of Appeal of Florida | Filed: Aug 16, 2005 | Docket: 64840036

Published

pursuant to the guidelines is mandated by statute. § 893.135(l)(b)l.a., Fla. Stat. (1993); Clay v. State, 750

Colon v. State

907 So. 2d 1267, 2005 Fla. App. LEXIS 12202, 2005 WL 1842585

District Court of Appeal of Florida | Filed: Aug 5, 2005 | Docket: 64839772

Published

AFFIRMED. THOMPSON and MONACO, JJ., concur. . Section 893.135(l)(k)(2)(a), Florida Statutes (2003). . An

Wardell v. State

901 So. 2d 289, 2005 Fla. App. LEXIS 6102, 2005 WL 991910

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 64838013

Published

morphine, opium, oxycodone ... contrary to Florida Statute 893.135(l)(c)lc.”2 He asked for a jury instruction

Green v. State

889 So. 2d 218, 2004 Fla. App. LEXIS 19510, 2004 WL 2952809

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 64835013

Published

three-year minimum mandatory term required under section 893.135(l)(b)(l)(a), Florida Statutes (1999). Green

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

_mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

State v. Velasquez

879 So. 2d 1259, 2004 Fla. App. LEXIS 11736, 2004 WL 1779135

District Court of Appeal of Florida | Filed: Aug 11, 2004 | Docket: 64832198

Published

shall be known as “trafficking in cannabis[J” § 893.135(l)(a), Fla. Stat. (2002) (emphasis added). Velasquez

State v. Fulton

878 So. 2d 485, 2004 Fla. App. LEXIS 11425, 2004 WL 1736798

District Court of Appeal of Florida | Filed: Aug 4, 2004 | Docket: 64831998

Published

mandatory minimum sentencing provisions of section 893.135(l)(b)l.a., Florida Statutes, apply and that

Rieger v. State

884 So. 2d 217, 2004 Fla. App. LEXIS 11342, 2004 WL 1698055

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 64833454

Published

conviction for trafficking in Hydrocodone under section 893.135(l)(c)(l)(b), Florida Statutes (2001), for an

Santiago v. State

884 So. 2d 967, 2004 Fla. App. LEXIS 10962, 2004 WL 1635836

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 64833634

Published

on his trafficking conviction pursuant to section 893.135 of the Florida Statutes. We agree. While the

Delgado v. State

884 So. 2d 142, 2004 Fla. App. LEXIS 10573, 2004 WL 1584493

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 64833442

Published

remand for Delgado to be resentenced under section 893.135(l)(b)(l)(a), Florida Statutes (1997). We also

Sheffield v. State

875 So. 2d 733, 2004 Fla. App. LEXIS 8317, 2004 WL 1284215

District Court of Appeal of Florida | Filed: Jun 11, 2004 | Docket: 64831117

Published

offender as a result of specific language in section 893.135, Florida Statutes (1999). However, on closer

Tovar v. State

872 So. 2d 424, 2004 Fla. App. LEXIS 6404, 2004 WL 1057690

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 64830214

Published

imprisonment imposed by the trial court pursuant to section 893.135(l)(f)(l)(a), Florida Statutes (1999), is illegal

Corpstein v. State

872 So. 2d 307, 2004 Fla. App. LEXIS 5024, 2004 WL 784474

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 64830187

Published

grams or more but less than 200 grams of cocaine. § 893.135(l)(b)(1)(a), Fla. Stat. (2001). At the charge

Cordova v. State

876 So. 2d 1, 2004 Fla. App. LEXIS 5199, 2004 WL 784918

District Court of Appeal of Florida | Filed: Apr 14, 2004 | Docket: 64831221

Published

trafficking in ecstasy (MDMA) in violation of section 893.135(l)(j)l.a., Fla. Stat. (2000). On this count

Williams v. State

870 So. 2d 213, 2004 Fla. App. LEXIS 3517, 2004 WL 535666

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 64829649

Published

imprisonment1 imposed by the trial court pursuant to section 893.135(l)(f)(l)(a), Florida Statutes (1999), is illegal

Cunningham v. State

865 So. 2d 626, 2004 Fla. App. LEXIS 904, 2004 WL 231329

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828051

Published

had actually committed such prohibited act.” § 893.135(5), Fla. Stat. (Supp.1996). Where the offense

Adams v. State

869 So. 2d 579, 2003 Fla. App. LEXIS 19264, 2003 WL 22970980

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 64829147

Published

minimum sentence for trafficking in heroin under section 893.135(1)(e)(1)(b), Florida Statutes (2001), for an

Ferguson v. State

860 So. 2d 516, 2003 Fla. App. LEXIS 18348, 2003 WL 22849902

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 64826613

Published

I that included a mandatory minimum under section 893.135(l)(b)la, Florida Statutes (1999), which was

McNeal v. State

859 So. 2d 579, 2003 Fla. App. LEXIS 17651, 2003 WL 22737213

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 64826494

Published

(Fla.2002), that under the 1997 version of section 893.135(l)(b)l, Florida Statutes, a criminal defendant

Smiley v. State

870 So. 2d 59, 2003 Fla. App. LEXIS 16955, 2003 WL 22514513

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 64829606

Published

trafficking in methamphetamine pursuant to section 893.135(l)(f)l b, Florida Statutes (1999). While this

Jones v. State

862 So. 2d 63, 2003 Fla. App. LEXIS 16691, 2003 WL 22490413

District Court of Appeal of Florida | Filed: Nov 5, 2003 | Docket: 64827243

Published

sentence for trafficking in cocaine under section 893.135(l)(b), Florida Statutes (2000), for an offense

Pena v. State

853 So. 2d 1120, 2003 WL 22103016

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 1660199

Published

twenty-five pounds of marijuana in violation of section 893.135(1)(a)1., Florida Statutes. Pena is alleged

Gore v. State

854 So. 2d 243, 2003 Fla. App. LEXIS 13178, 2003 WL 22047921

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 64824976

Published

PER CURIAM. Affirmed. See § 893.135(1)(b)1.c„ Fla. Stat. (1997). WARNER, STEVENSON and TAYLOR, JJ.,

Escobedo v. State

851 So. 2d 865, 2003 Fla. App. LEXIS 11798, 2003 WL 21821005

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 64824284

Published

The jury found Escobedo guilty of violating section 893.135(5), Florida *866Statutes (1997). This section

Sellers v. State

851 So. 2d 276, 2003 Fla. App. LEXIS 11723, 2003 WL 21766256

District Court of Appeal of Florida | Filed: Aug 1, 2003 | Docket: 64824217

Published

AFFIRMED. SAWAYA, C.J., and THOMPSON, J., concur. . § 893.135(l)(b)l.a., Fla. Stat. (2000). . Taylor v. State

Magana v. State

846 So. 2d 1231, 2003 Fla. App. LEXIS 8336, 2003 WL 21296012

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 64823291

Published

argues that the correct sentencing statute is section 893.135, Florida Statutes (2000), which was declared

Hall v. State

846 So. 2d 1200, 2003 Fla. App. LEXIS 8254, 2003 WL 21275125

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823281

Published

one count of trafficking in amphetamine. See § 893.135, Fla. Stat. (2001). The offense occurred on May

Jackson v. State

847 So. 2d 1038, 2003 WL 21105301

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 2261465

Published

three-year minimum mandatory term pursuant to section 893.135(1)(b)1.a., Florida Statutes (1999). Jackson

Karo v. State

849 So. 2d 351, 2003 Fla. App. LEXIS 6214, 2003 WL 2003719

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 64823936

Published

imprisonment imposed by the trial court pursuant to section 893.135(l)(b)(l)(b), Florida Statutes (1999-2000),

Mills v. State

843 So. 2d 375, 2003 Fla. App. LEXIS 6215, 2003 WL 2003771

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 64822383

Published

imprisonment imposed by the trial court pursuant to section 893.135(l)(b)(l)(a), Florida Statutes (2000), is illegal

State v. Sanchez

843 So. 2d 358, 2003 Fla. App. LEXIS 6135, 2003 WL 1969277

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 64822370

Published

with trafficking in cannabis in violation of section 893.135(1), Fla. Stat. (2002), and possession of cannabis

Murphy v. State

849 So. 2d 346, 2003 Fla. App. LEXIS 6162, 2003 WL 1966889

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 64823934

Published

imprisonment imposed by the trial court pursuant to section 893.135(1)(b)(1)(a), Florida Statutes (1999), is illegal

Hardy v. State

845 So. 2d 951, 2003 Fla. App. LEXIS 6164, 2003 WL 1967253

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 64822929

Published

imprisonment imposed by the trial court pursuant to section 893.135(l)(b)(l)(a), Florida Statutes (2000), is illegal

Diaz v. State

846 So. 2d 1158, 2003 Fla. App. LEXIS 5830, 2003 WL 1936119

District Court of Appeal of Florida | Filed: Apr 25, 2003 | Docket: 64823258

Published

28 grams or more of heroin in violation of section 893.135(l)(c)l.c., Florida Statutes (1999), and was

State v. Castro

840 So. 2d 1121, 2003 WL 1524464

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1435444

Published

charge of possession of cannabis. We reverse. Section 893.135, Florida Statutes (2002) provides in part:

Inman v. State

842 So. 2d 862, 2003 Fla. App. LEXIS 151, 2003 WL 69532

District Court of Appeal of Florida | Filed: Jan 10, 2003 | Docket: 64822157

Published

$50,000 fine under the trafficking statute, section 893.135(l)(f)(l)(a), Florida Statutes (1997). Ultimately

Nunez v. State

825 So. 2d 1087, 2002 Fla. App. LEXIS 13473, 2002 WL 31093933

District Court of Appeal of Florida | Filed: Sep 20, 2002 | Docket: 64817404

Published

prior opinion and affirm the trial court. See § 893.135(1)(c)1.c., Fla. Stat. (1997). AFFIRMED. GRIFFIN

State v. John

816 So. 2d 1270, 2002 Fla. App. LEXIS 8230, 2002 WL 1285127

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 64815390

Published

the minimum mandatary sentence, required by Section 893.135(l)(b)l.b., Florida Statutes, over the objection

Oliva v. State

815 So. 2d 714, 2002 Fla. App. LEXIS 5205, 2002 WL 662911

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 64814855

Published

between 28 grams and 200 grams, in violation of section 893.135(l)(b)la, Florida Statutes (1995), was not subject

Washington v. State

814 So. 2d 1187, 2002 Fla. App. LEXIS 5163

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 64814676

Published

“mandatory minimum term of imprisonment of 7 years.” § 893.135(l)(b)l.B, Fla. Stat. (2000). However, this statute

Comacho v. State

813 So. 2d 198, 2002 Fla. App. LEXIS 3917, 2002 WL 459128

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64814130

Published

twenty-eight grams or more of heroin under section 893.135(l)(c), Florida Statutes (Supp.1996). At trial

Reistad v. State

807 So. 2d 152, 2002 Fla. App. LEXIS 2940, 2002 WL 180934

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64812418

Published

hy-drocodone for trafficking purposes under section 893.135(l)(c)l, Florida Statutes (Supp.1996). Reistad

Diaz v. State

804 So. 2d 1285, 2002 Fla. App. LEXIS 735, 2002 WL 112993

District Court of Appeal of Florida | Filed: Jan 30, 2002 | Docket: 64811738

Published

possession of 200-400 grams of cocaine, contrary to section 893.135(l)(b)I.b., Florida Statutes (1997), improperly

Amendments to Florida Rules of Criminal Procedure 3.704 & 3.992

810 So. 2d 826, 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811

Supreme Court of Florida | Filed: Sep 26, 2001 | Docket: 64813224

Published

primary offense is drug trafficking under section 893.135, Florida Statutes, ranked in offense severity

Collins v. State

792 So. 2d 575, 2001 Fla. App. LEXIS 10357, 2001 WL 830656

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64807696

Published

not as a habitual felony offender, based on section 893.135(l)(b)l.a., Florida Statutes (1996 Supp.). The

Herrera v. State

789 So. 2d 417, 2001 Fla. App. LEXIS 8076, 2001 WL 649667

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64806674

Published

properly denied the relief sought. Pursuant to section 893.135(l)(c), Florida Statutes (1997), defendant faced

Beltran-Aguiar v. State

776 So. 2d 344, 2001 Fla. App. LEXIS 470, 2001 WL 55086

District Court of Appeal of Florida | Filed: Jan 24, 2001 | Docket: 64803240

Published

charge trafficking in four grams of heroin. See § 893.135(1)(c)(1)(a), Fla. Stat. (1995). If that was the

Green v. State

778 So. 2d 325, 2000 WL 1873080

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 1290326

Published

hundred grams, in violation of section 893.135. See id. at 2. Section 893.135 also provided for different

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for

Tippins v. State

780 So. 2d 147, 2000 Fla. App. LEXIS 13084, 2000 WL 1475690

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 64804312

Published

of trafficking in cocaine in violation of section 893.135(l)(b)l.b., Florida Statutes. He was sentenced

Russo v. State

770 So. 2d 186, 2000 Fla. App. LEXIS 12263, 2000 WL 1360868

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 64801326

Published

incorrectly interpreted the provisions of section 893.135(l)(c)l, Florida Statutes. Here, Russo has no

Haynes v. State

765 So. 2d 928, 2000 Fla. App. LEXIS 10912, 2000 WL 1206380

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 64799912

Published

than 400 grams, of cocaine, in violation of section 893.135(l).(b)(l)(b), Florida Statutes (1997). We reverse

Valentin v. State

775 So. 2d 330, 2000 Fla. App. LEXIS 9438, 2000 WL 1034624

District Court of Appeal of Florida | Filed: Jul 28, 2000 | Docket: 64802930

Published

twenty-eight but less than 200 grams of cocaine. See § 893.135(1)(b)1.a, Fla. Stat. (1997). Because the quantity

Bittner v. State

760 So. 2d 297, 2000 Fla. App. LEXIS 7387, 2000 WL 770473

District Court of Appeal of Florida | Filed: Jun 16, 2000 | Docket: 64797968

Published

than 28 grams of hydrocodone in violation of section 893.135(l)(c)l b, Florida Statutes (Supp.1996). The

Brown v. State

754 So. 2d 188, 2000 Fla. App. LEXIS 4200, 2000 WL 356296

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 64796162

Published

concurs. ANTOON, C.J., dissents with opinion. . § 893.135(l)(b), Fla. Stat. (1997).

Shock v. State

750 So. 2d 769, 2000 Fla. App. LEXIS 1132, 2000 WL 146062

District Court of Appeal of Florida | Filed: Feb 11, 2000 | Docket: 64794764

Published

criminal history not be related to a violation of section 893.135, Florida Statutes. Appellant asserts that because

Campana v. State

765 So. 2d 58, 2000 Fla. App. LEXIS 1047, 2000 WL 140441

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64799622

Published

appellant’s conviction of trafficking in cocaine. See § 893.135(l)(b)l.c., Fla. Stat. (1997). The trial court

Ruiz v. State

763 So. 2d 1154, 2000 Fla. App. LEXIS 283, 2000 WL 36310

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 64799199

Published

cocaine, in violation of Florida Statutes section 893.135 (1997), in exchange for a negotiated sentence

State v. Seniska

749 So. 2d 553, 2000 Fla. App. LEXIS 206, 2000 WL 24898

District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 64794202

Published

hy-drocodone in his possession pursuant to section 893.135(l)(c)l., Florida Statutes (1997). Prior to

Pickard v. State

747 So. 2d 1029, 1999 Fla. App. LEXIS 17048, 1999 WL 1243881

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 64793562

Published

thirty kilograms of, hydrocodone pursuant to section 893.135(l)(c)l, Florida Statutes (1997), and three

Amendment to Florida Rule of Criminal Procedure 3.704(d)(23)

763 So. 2d 997, 24 Fla. L. Weekly Supp. 570, 1999 Fla. LEXIS 2166, 1999 WL 1132900

Supreme Court of Florida | Filed: Dec 9, 1999 | Docket: 64799174

Published

primary offense is drug trafficking under section 893.135, Florida Statutes, ranked in offense severity

Raub v. State

745 So. 2d 513, 1999 Fla. App. LEXIS 15619

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 64792463

Published

weight” is determinative for prosecution under section 893.135(l)(c), Florida Statutes (1993). 689 So.2d at

Tackett v. State

745 So. 2d 477, 1999 Fla. App. LEXIS 15431, 1999 WL 1043952

District Court of Appeal of Florida | Filed: Nov 19, 1999 | Docket: 64792450

Published

AFFIRMED. DAUKSCH and COBB, JJ., concur. . § 893.135(l)(b)la, Fla. Stat. (1997).

State v. Feldman

755 So. 2d 689, 1999 Fla. App. LEXIS 10467, 1999 WL 565842

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 64796729

Published

mixture containing hydrocodone, in violation of section 893.135(l)(c)l, Florida Statutes (1997). We reverse

State v. Bowen

736 So. 2d 1283, 1999 Fla. App. LEXIS 10085, 1999 WL 543247

District Court of Appeal of Florida | Filed: Jul 28, 1999 | Docket: 64789398

Published

trafficking in hydrocodone in violation of section 893.135(l)(c)l.b, Florida Statutes (1996). We reverse

McKinney v. State

736 So. 2d 750, 1999 Fla. App. LEXIS 8645, 1999 WL 436248

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64789226

Published

with trafficking in cocaine, a violation of section 893.135, Florida Statutes (1997). A jury found him

Lewis v. State

732 So. 2d 502, 1999 Fla. App. LEXIS 6887, 1999 WL 360169

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 64788234

Published

listed as a third degree felony. Violation of section 893.135(l)(b)l, Florida Statutes (1997) is a first

Olea-Tejeda v. State

732 So. 2d 429, 1999 Fla. App. LEXIS 5511, 1999 WL 253533

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64788175

Published

cocaine by sale or possession in violation of section 893.135, Florida Statutes (1995), after law enforcement

Spivey v. State

731 So. 2d 61, 1999 Fla. App. LEXIS 4253, 1999 WL 172767

District Court of Appeal of Florida | Filed: Mar 31, 1999 | Docket: 64787804

Published

of a gram shy of the “trafficking” amount. See § 893.135(l)(b), Florida Statutes (1995). Because Spivey

Guerra-Villafane v. Singletary

729 So. 2d 972, 1999 Fla. App. LEXIS 3117, 1999 WL 140609

District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 64787412

Published

conspiracy to traffic in cocaine pursuant to section 893.135(5), Florida Statutes (1993). The case proceeded

Bradshaw v. State

727 So. 2d 1014, 1999 Fla. App. LEXIS 1378, 1999 WL 77734

District Court of Appeal of Florida | Filed: Feb 12, 1999 | Docket: 64786626

Published

pos*1016session of cocaine, prohibited by section 893.135, and simple possession of a controlled substance

Whittington v. State

727 So. 2d 282, 1999 Fla. App. LEXIS 1151, 1999 WL 69350

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 64786480

Published

twenty-eight grams of methamphetamine in violation of section 893.135(l)(c)l.b., Florida Statutes (1997). He contends

Johnson v. State

763 So. 2d 368, 1998 Fla. App. LEXIS 13678, 1998 WL 746142

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 64799007

Published

trafficking in hydro-codone in violation of section 893.135(l)(c)l, Florida Statutes (Supp. 1996), and

State v. Delgado

717 So. 2d 1053, 1998 Fla. App. LEXIS 10341, 1998 WL 466767

District Court of Appeal of Florida | Filed: Aug 12, 1998 | Docket: 64782894

Published

cocaine in an amount of 28 grams or more. See § 893.135(1)(b)1., Fla. Stat. (1997). After he pled nolo

Williams v. State

711 So. 2d 1304, 1998 Fla. App. LEXIS 5987, 1998 WL 279225

District Court of Appeal of Florida | Filed: May 29, 1998 | Docket: 64781224

Published

however, recites only the trafficking statute, section 893.135, Florida Statutes (1995). The judgment should

Williams v. State

710 So. 2d 85, 1998 Fla. App. LEXIS 3735, 1998 WL 166569

District Court of Appeal of Florida | Filed: Apr 9, 1998 | Docket: 64780738

Published

AFFIRMED. GRIFFIN, C.J., and HARRIS, J„ concur. . § 893.135(l)(b)l„ Fla. Stat . Taylor v. State, 710 So

Lovelace v. State

709 So. 2d 582, 1998 Fla. App. LEXIS 2962, 23 Fla. L. Weekly Fed. D 846

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 64780225

Published

trafficking in methamphetamine, a violation of section 893.135(1)(f)1, Florida Statutes (1995), a level 7

Ivory v. State

704 So. 2d 599, 1997 Fla. App. LEXIS 11442, 1997 WL 611578

District Court of Appeal of Florida | Filed: Oct 7, 1997 | Docket: 64778344

Published

violating section 893.135(1)(b)(1)(b), Florida Statutes (1995), rather than section 893.135(1)(b)(2).

Williams v. State

702 So. 2d 512, 1997 WL 559427

District Court of Appeal of Florida | Filed: Sep 10, 1997 | Docket: 64777266

Published

convictions for trafficking possession under section 893.135(1) (b)2, Florida Statutes (1995) and possession

State v. Wiley

697 So. 2d 1294, 1997 Fla. App. LEXIS 9457, 1997 WL 528288

District Court of Appeal of Florida | Filed: Aug 19, 1997 | Docket: 64775396

Published

proceedings. MINER and ALLEN, JJ., concur. . Section 893.135, Florida Statutes (1995), requires more than

Soirelus v. State

698 So. 2d 573, 1997 Fla. App. LEXIS 8501, 1997 WL 413803

District Court of Appeal of Florida | Filed: Jul 25, 1997 | Docket: 64775494

Published

element of scienter: Trafficking in Cocaine F.S. § 893.135(l)(b)lc Before you can find the defendant guilty

Miller v. State

694 So. 2d 884, 1997 Fla. App. LEXIS 6538, 1997 WL 314818

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 64774104

Published

conspiracy to traffic in cocaine in violation of section 893.135(1), Florida Statutes (1991). Several months

Henderson v. State

689 So. 2d 1196, 1997 Fla. App. LEXIS 2126, 1997 WL 106968

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 64771809

Published

primary offense is drug trafficking under section 893.135.” There is no ease law interpreting whether

Henderson v. State

689 So. 2d 1196, 1997 Fla. App. LEXIS 2126, 1997 WL 106968

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 64771809

Published

primary offense is drug trafficking under section 893.135.” There is no ease law interpreting whether

State v. Duarte

681 So. 2d 1187, 1996 Fla. App. LEXIS 10876, 1996 WL 595151

District Court of Appeal of Florida | Filed: Oct 18, 1996 | Docket: 64768543

Published

conspiracy to traffic in cocaine in violation of section 893.135(5), Florida Statutes (1993). Because the appellee

Williams v. State

681 So. 2d 817, 1996 Fla. App. LEXIS 10459, 1996 WL 582582

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768438

Published

See § 316.656(1), Fla. Stat. (1995). . See § 893.135(3), Fla. Stat. (1995).

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

685 So. 2d 1213, 21 Fla. L. Weekly Supp. 407, 1996 Fla. LEXIS 1631, 1996 WL 547189

Supreme Court of Florida | Filed: Sep 26, 1996 | Docket: 64770228

Published

primary offense is drug trafficking under section 893.135 ranked in of-, fense severity level 7 or 8

Gayle v. State

679 So. 2d 1293, 1996 Fla. App. LEXIS 10151, 1996 WL 542656

District Court of Appeal of Florida | Filed: Sep 25, 1996 | Docket: 64767582

Published

directions to assess a $100,000 fine under section 893.135(1)(b)(1)(b) of the Florida Statutes. GUNTHER

Cunningham v. State

676 So. 2d 1054, 1996 Fla. App. LEXIS 7071, 1996 WL 382295

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 64766176

Published

for trafficking in cocaine in violation of section 893.135(l)(b), Florida Statutes. Cunningham’s sole

Aneiro v. State

674 So. 2d 913, 1996 Fla. App. LEXIS 5820, 1996 WL 293648

District Court of Appeal of Florida | Filed: Jun 5, 1996 | Docket: 64765082

Published

of trafficking in cocaine in violation of section 893.135(l)(b)l.b., Florida Statutes (1993). We reverse

Bell v. State

671 So. 2d 226, 1996 WL 159137

District Court of Appeal of Florida | Filed: Apr 8, 1996 | Docket: 1248052

Published

in heroin or its derivative in violation of section 893.135(1)(c), Florida Statutes. We affirm in part

McClough v. State

669 So. 2d 1099, 1996 Fla. App. LEXIS 2450, 1996 WL 111776

District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 64763212

Published

REMANDED. HARRIS and THOMPSON, JJ., concur. . § 893.135, Fla.Stat. (1993).

State v. Martinez

670 So. 2d 1018, 1996 Fla. App. LEXIS 1550, 1996 WL 75815

District Court of Appeal of Florida | Filed: Feb 23, 1996 | Docket: 64763461

Published

in 28 to 200 grams of cocaine pursuant to section 893.135(l)(b)l.a., Florida Statutes (1993), and must

Preston v. State

667 So. 2d 939, 1996 Fla. App. LEXIS 928, 1996 WL 50883

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 64762218

Published

that argument and relied on the provisions of section 893.135(5), Florida Statutes (1993), which make conspiracies

Knight v. State

653 So. 2d 457, 1995 Fla. App. LEXIS 3574, 1995 WL 150243

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64755478

Published

cocaine involved, was a first-degree felony. See § 893.135(1)(b), Fla.Stat. (1989). The court held that although

Malone v. State

651 So. 2d 733, 1995 Fla. App. LEXIS 2072, 1995 WL 84465

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 64754857

Published

AFFIRMED. HARRIS, C.J., and COBB, J., concur. . § 893.135(1), Fla.Stat. (1991). . § 893.147(l)(a), Fla

State v. Swider

654 So. 2d 562, 1995 Fla. App. LEXIS 1280, 1995 WL 59339

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 64756076

Published

trafficking, which is an offense governed by section 893.135. Although section 893.13(l)(e)(l), which was

Blake v. State

648 So. 2d 859, 1995 Fla. App. LEXIS 592, 1995 WL 36128

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 64753467

Published

PER CURIAM. Affirmed. See § 893.135(1), Fla.Stat. (1991).

Johnson v. State

650 So. 2d 89, 1995 Fla. App. LEXIS 446, 1995 WL 25300

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 64754160

Published

We do not agree that the 1987 amendment to section 893.135(2)1 abrogates the necessity of a Dominguez

Todd v. State

648 So. 2d 249, 1994 Fla. App. LEXIS 12551, 1994 WL 715196

District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 64753245

Published

(Dilaudid) in asserted violation of Florida Statute § 893.135(l)(c). After serving his sentence, he brought

Boschen v. State

647 So. 2d 1054, 1994 Fla. App. LEXIS 12452, 1994 WL 708207

District Court of Appeal of Florida | Filed: Dec 22, 1994 | Docket: 64753073

Published

Count 10 charged armed trafficking in cannabis. § 893.135(l)(a), Fla.Stat. (1991). On October 6, 1992, the

Dautel v. State

647 So. 2d 236, 1994 Fla. App. LEXIS 11104, 1994 WL 637296

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64752915

Published

to the Florida offense of trafficking under section 893.135(l)(a)(l), Florida Statutes (1985). The court

State v. Lee

647 So. 2d 810, 19 Fla. L. Weekly Supp. 498, 1994 Fla. LEXIS 1526, 1994 WL 540692

Supreme Court of Florida | Filed: Oct 6, 1994 | Docket: 64753008

Published

28 GRAMS OF COCAINE, BUT LESS THAN 200 GRAMS, F.S. 893.135 AND 777.04 — 2ND DEGREE 'FELONY II. TRAFFICKING

Rickman v. State

642 So. 2d 846, 1994 Fla. App. LEXIS 9293, 1994 WL 524313

District Court of Appeal of Florida | Filed: Sep 28, 1994 | Docket: 64750897

Published

State v. Weller, 590 So.2d 923, 927 (Fla.1991); § 893.135(5), Fla.Stat. (1993). Reversed and remanded for

Austin v. State

640 So. 2d 1247, 1994 Fla. App. LEXIS 7995, 1994 WL 419615

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 64750102

Published

AFFIRMED. HARRIS, C.J., and DAUKSCH, J., concur. . § 893.135(1)(b), Fla.Stat. (1991). . § 790.01(2), Fla

State v. Collins

639 So. 2d 633, 1994 Fla. App. LEXIS 6412, 1994 WL 287002

District Court of Appeal of Florida | Filed: Jun 29, 1994 | Docket: 64749634

Published

with trafficking in oxycodone in violation of section 893.135(l)(c)l, Florida .Statutes (1993). Because the

Rahuba v. State

638 So. 2d 596, 1994 Fla. App. LEXIS 6008, 1994 WL 275467

District Court of Appeal of Florida | Filed: Jun 22, 1994 | Docket: 64749205

Published

citing the substantial assistance statute, section 893.135(4), Florida Statutes (1991), which says that

Hettick v. State

637 So. 2d 964, 1994 Fla. App. LEXIS 5282, 1994 WL 236177

District Court of Appeal of Florida | Filed: Jun 3, 1994 | Docket: 64748851

Published

Trafficking in Cocaine, in derogation of Florida Statute 893.135(l)(b)l, that is to say did knowingly, unlawfully

Sanchez v. State

636 So. 2d 187, 1994 Fla. App. LEXIS 4115, 1994 WL 162758

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 64748160

Published

motions. The defendant also sought to declare section 893.135(l)(b)(2), Florida Statutes (1991), unconstitutional

Suarez v. State

635 So. 2d 154, 1994 Fla. App. LEXIS 3683, 1994 WL 141249

District Court of Appeal of Florida | Filed: Apr 22, 1994 | Docket: 64747696

Published

section 777.04(4), of the attempt statute. Since section 893.135, the statutory provision which proscribes conduct

State v. Rivera

634 So. 2d 302, 1994 Fla. App. LEXIS 3053, 1994 WL 107203

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 64747162

Published

concurs. DAUKSCH, J., dissents, with opinion. . § 893.135, Fla.Stat. (1991). . § 893.13, Fla.Stat. (1991)

Stahl v. State

634 So. 2d 258, 1994 Fla. App. LEXIS 2830, 1994 WL 94155

District Court of Appeal of Florida | Filed: Mar 30, 1994 | Docket: 64747142

Published

with trafficking in cocaine in violation of section 893.135(l)(b), Florida Statutes (1991). He entered

Bedoya v. State

634 So. 2d 203, 1994 Fla. App. LEXIS 2619, 1994 WL 90402

District Court of Appeal of Florida | Filed: Mar 22, 1994 | Docket: 64747119

Published

year mandatory minimum sentences pursuant to section 893.135, Florida Statutes (1991). Defendant raises

State v. Guilford

633 So. 2d 548, 1994 Fla. App. LEXIS 1874, 1994 WL 72529

District Court of Appeal of Florida | Filed: Mar 11, 1994 | Docket: 64746936

Published

812.13(2)(c), Fla.Stat. (1991). . Count I, § 893.135(l)(b)l, Fla.Stat.; Count II, §§ 893.135(4) & 893

Brown v. State

632 So. 2d 699, 1994 Fla. App. LEXIS 1655, 1994 WL 59356

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 64746584

Published

one count of trafficking, in violation of section 893.135, Florida Statutes (1989), a first-degree felony

Hallman v. State

633 So. 2d 1116, 1994 WL 51856

District Court of Appeal of Florida | Filed: Feb 22, 1994 | Docket: 1296916

Published

offense was trafficking in cocaine. Under section 893.135(1)(b)1, Florida Statutes (1991), the offense

Berry v. State

630 So. 2d 684, 1994 Fla. App. LEXIS 328, 1994 WL 20088

District Court of Appeal of Florida | Filed: Jan 28, 1994 | Docket: 64745873

Published

reflect that appellant was convicted under section 893.-135(l)(b)l.a, Florida Statutes (1991) (trafficking

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

628 So. 2d 1084, 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876

Supreme Court of Florida | Filed: Nov 30, 1993 | Docket: 64744908

Published

primary offense is drug trafficking under section 893.135, the subtotal sentence points may be multiplied

Smith v. State

623 So. 2d 840, 1993 Fla. App. LEXIS 9072, 1993 WL 341115

District Court of Appeal of Florida | Filed: Sep 10, 1993 | Docket: 64698553

Published

pursuant to section 893.13(1)(e)(1) rather than section 893.135(1)(b), as it presently states. See Green v

State v. Sargent

617 So. 2d 1115, 1993 Fla. App. LEXIS 4976

District Court of Appeal of Florida | Filed: May 7, 1993 | Docket: 64696117

Published

of the defendants was rendered pursuant to section 893.135(3), Florida Statutes . (1985). More importantly

Gonzalez v. State

617 So. 2d 847, 1993 Fla. App. LEXIS 4934, 1993 WL 141259

District Court of Appeal of Florida | Filed: May 5, 1993 | Docket: 64695904

Published

with trafficking in cocaine in violation of section 893.135(l)(b), Florida Statutes (1989).1 He moved to

Chaviano v. State

618 So. 2d 266, 1993 Fla. App. LEXIS 3354, 1993 WL 86466

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 64696231

Published

information with trafficking in cocaine pursuant to section 893.135(l)(b)(l), Florida Statutes (1991), count one;

Drake v. State

614 So. 2d 24, 1993 Fla. App. LEXIS 2005, 1993 WL 40421

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 64694406

Published

mandatory term on each sentence, pursuant to section 893.-135(l)(b)l.a., Florida Statutes (Supp.1990), with

State v. Houston

605 So. 2d 962, 1992 Fla. App. LEXIS 10350, 1992 WL 260469

District Court of Appeal of Florida | Filed: Oct 5, 1992 | Docket: 64670120

Published

28 or more grams of cocaine in violation of section 893.135, Florida Statutes (1989), in exchange for the

Chambers v. State

602 So. 2d 699, 1992 Fla. App. LEXIS 9065, 1992 WL 191293

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669031

Published

trafficking in oxycodone, in violation of section 893.135(1)(c)(1), Florida Statutes (1989). In State

State v. Diloreto

600 So. 2d 25, 1992 WL 115787

District Court of Appeal of Florida | Filed: Jul 1, 1992 | Docket: 1527861

Published

punishable, as charged, under Florida Statute Section 893.135(1)(c)3 (1989). That section provides, in pertinent

State v. Adams

600 So. 2d 1302, 1992 Fla. App. LEXIS 6755, 1992 WL 143601

District Court of Appeal of Florida | Filed: Jun 26, 1992 | Docket: 64668562

Published

appellee was charged with a violation of section 893.135, Florida Statutes (1989), knowingly selling

May v. State

600 So. 2d 1266, 1992 Fla. App. LEXIS 6522, 1992 WL 134876

District Court of Appeal of Florida | Filed: Jun 19, 1992 | Docket: 64668551

Published

REMANDED. DAUKSCH and GRIFFIN, JJ., concur. . § 893.135, Fla.Stat. (1989). . While questioning Norman

In re Amendments to the Florida Rules of Criminal Procedure-Rules 3.140 & 3.986

603 So. 2d 1144, 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 64669391

Published

the_yearmandatory minimum imprisonment provisions of ©¿©section 893.135(l)(-)(-), Florida Statutes, aréis hereby imposed

Bell v. State

597 So. 2d 861, 1992 Fla. App. LEXIS 3908, 1992 WL 67954

District Court of Appeal of Florida | Filed: Apr 2, 1992 | Docket: 64666844

Published

a five year mandatory minimum pursuant to section 893.135(1), Florida Statutes. McDonald v. State, 564

State v. Vola

591 So. 2d 248, 1991 WL 164426

District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 223434

Published

of trafficking in cocaine (a violation of section 893.135(1)(c)1 which carries a three year mandatory

Gainer v. State

590 So. 2d 1112, 1991 Fla. App. LEXIS 13482, 1991 WL 275555

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 64663999

Published

the mandatory fine of $250,000, required by section 893.-135(l)(b)(3), Florida Statutes (1987). Conviction

Elliott v. State

590 So. 2d 538, 1991 Fla. App. LEXIS 12298, 1991 WL 262898

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 64663752

Published

than 200 grams of cocaine in violation of section 893.135(l)(b)(l), Florida Statutes (1985). The charges

Ibarro v. State

588 So. 2d 334, 1991 Fla. App. LEXIS 11043, 1991 WL 227653

District Court of Appeal of Florida | Filed: Nov 7, 1991 | Docket: 64662726

Published

three year mandatory minimum sentence under section 893.135(1)(b)1, to run consecutive to a mandatory minimum

State v. Maugeri

589 So. 2d 896, 16 Fla. L. Weekly Supp. 663, 1991 Fla. LEXIS 1721, 1991 WL 201588

Supreme Court of Florida | Filed: Oct 10, 1991 | Docket: 64663253

Published

following question: DOES AN AGREEMENT UNDER SECTION 893.135(4) AS AMENDED, WHEREBY A CONVICTED DRUG TRAFFICKER

Febles v. State

582 So. 2d 1262, 1991 Fla. App. LEXIS 7929, 1991 WL 154758

District Court of Appeal of Florida | Filed: Aug 13, 1991 | Docket: 64660354

Published

by possession of 400 grams or more of cocaine, § 893.135(l)(b), Fla.Stat. (1989), possession of cocaine

DeLisi v. State

585 So. 2d 963, 1991 Fla. App. LEXIS 7796, 1991 WL 150404

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 64661564

Published

trafficking in 100 pounds or more of cannabis, section 893.-135, Florida Statutes (1987); and (III) conspiracy

Walsh v. State

579 So. 2d 908, 1991 Fla. App. LEXIS 4977, 1991 WL 87946

District Court of Appeal of Florida | Filed: May 30, 1991 | Docket: 64658840

Published

resentenc-ing. GRIFFIN and DIAMANTIS, JJ., concur. . § 893.135(l)(b)l, Fla.Stat. (1989). . §§ 893.135(l)(b)l

Pickover v. State

580 So. 2d 287, 1991 WL 82505

District Court of Appeal of Florida | Filed: May 22, 1991 | Docket: 1716908

Published

1988). Further, conspiracy to traffic, under section 893.135(5), Florida Statutes (1989), requires a showing

Stidham v. State

579 So. 2d 319, 1991 Fla. App. LEXIS 4163, 1991 WL 72086

District Court of Appeal of Florida | Filed: May 9, 1991 | Docket: 64658632

Published

conspiracy to traffic in cocaine pursuant to section 893.-135, Florida Statutes (1989) and of transporting

Stroud v. State

576 So. 2d 880, 1991 Fla. App. LEXIS 2465, 1991 WL 35987

District Court of Appeal of Florida | Filed: Mar 21, 1991 | Docket: 64657453

Published

200 and 400 grams of cocaine in violation of section 893.135(l)(b)(2), Florida Statutes (1987), and of conspiring

State v. Knieper

575 So. 2d 276, 1991 Fla. App. LEXIS 1348, 1991 WL 18253

District Court of Appeal of Florida | Filed: Feb 20, 1991 | Docket: 64656602

Published

CURIAM. This cause is per curiam reversed. Section 893.135(4), Florida Statutes (1987), mandates that

State v. Gallagher

573 So. 2d 164, 1991 Fla. App. LEXIS 179, 1991 WL 2739

District Court of Appeal of Florida | Filed: Jan 16, 1991 | Docket: 64655881

Published

defendant’s sentence pursuant to Florida Statutes Section 893.135. Without such a motion and a finding of substantial

State v. Gelber

573 So. 2d 92, 1991 Fla. App. LEXIS 8, 1991 WL 123

District Court of Appeal of Florida | Filed: Jan 2, 1991 | Docket: 64655865

Published

contendere to drug trafficking, a violation of section 893.135, Florida Statutes (1989). In exchange for the

Palmer v. State

571 So. 2d 567, 1990 Fla. App. LEXIS 9641, 1990 WL 212017

District Court of Appeal of Florida | Filed: Dec 26, 1990 | Docket: 64655091

Published

three years under the trafficking statute, Section 893.135(1), Florida Statutes (1990), and then a three

Pierremari v. State

564 So. 2d 633, 1990 Fla. App. LEXIS 5683, 1990 WL 108843

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 64651908

Published

amount of 400 grams or more, a violation of section 893.135(l)(b)3 and section 893.-03(2)(a), Florida Statutes

Amado v. State

563 So. 2d 736, 1990 Fla. App. LEXIS 4091, 1990 WL 77234

District Court of Appeal of Florida | Filed: Jun 8, 1990 | Docket: 64651288

Published

but less than two hundred (200) grams.... Section 893.135(l)(b), Florida Statutes, provides alternative

Porter v. State

561 So. 2d 1325, 1990 Fla. App. LEXIS 3882, 1990 WL 70629

District Court of Appeal of Florida | Filed: May 30, 1990 | Docket: 64650840

Published

substantial assistance under the provisions of' section 893.135(4), Florida Statutes (1987). Then on March

Alvarez-Botero v. State

562 So. 2d 783, 1990 Fla. App. LEXIS 3719, 1990 WL 68678

District Court of Appeal of Florida | Filed: May 24, 1990 | Docket: 64651041

Published

in part. W. SHARP and GRIFFIN, JJ., concur. . § 893.135(1)(b)3, Fla.Stat.

Wilson v. State

561 So. 2d 346, 1990 Fla. App. LEXIS 2911, 1990 WL 52314

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 64650644

Published

cocaine in excess of 400 grams, a violation of section 893.135(1)(b)3, Florida Statutes (1983), and for conspiracy

Cutrell v. State

560 So. 2d 354, 1990 Fla. App. LEXIS 2880, 1990 WL 51712

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 64650150

Published

in part. W. SHARP and GOSHORN, JJ., concur. . § 893.135(l)(b)3, Fla.Stat.

State v. Baez-Acuna

559 So. 2d 1298, 1990 Fla. App. LEXIS 2814, 1990 WL 49840

District Court of Appeal of Florida | Filed: Apr 24, 1990 | Docket: 64649788

Published

the statutory minimum mandatory provided in Section 893.135, Florida Statutes (1987), following a plea

Kidney v. State

559 So. 2d 1292, 1990 Fla. App. LEXIS 2681, 1990 WL 48639

District Court of Appeal of Florida | Filed: Apr 20, 1990 | Docket: 64649785

Published

reducing or eliminating this mandatory sentence. See § 893.135(4), *1293Fla.Stat. (1987). He alleges in the motion

Thorpe v. State

559 So. 2d 1285, 1990 Fla. App. LEXIS 2763, 1990 WL 48573

District Court of Appeal of Florida | Filed: Apr 20, 1990 | Docket: 64649780

Published

C.J., and DANAHY and PARKER, JJ., concur. . § 893.135(l)(b)l, Fla.Stat. (1985). . § 893.13(l)(e),

State v. Gonzalez

562 So. 2d 705, 1990 Fla. App. LEXIS 2233, 1990 WL 37426

District Court of Appeal of Florida | Filed: Apr 3, 1990 | Docket: 64651021

Published

arrested the defendant on narcotics charges. See § 893.135, Fla.Stat. (1987). Later, at the police station

Ent v. State

558 So. 2d 101, 1990 Fla. App. LEXIS 1228, 1990 WL 18474

District Court of Appeal of Florida | Filed: Mar 2, 1990 | Docket: 64648758

Published

an amount over 28 but less than 400 grams.1 Section 893.135(l)(b)(l), Florida Statutes (1987), requires

King v. State

556 So. 2d 490, 1990 Fla. App. LEXIS 635, 1990 WL 7631

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 64647985

Published

for trafficking in cocaine in violation of section 893.135(l)(b)l, Florida Statutes, contending that the

State v. Davis

557 So. 2d 588, 1989 Fla. App. LEXIS 7314, 1989 WL 154974

District Court of Appeal of Florida | Filed: Dec 28, 1989 | Docket: 64648559

Published

upon alleged constitutional infirmities in section 893.135(4), Florida Statutes (1987) is misplaced because

Kelly v. State

553 So. 2d 800, 1989 Fla. App. LEXIS 7229, 1989 WL 153616

District Court of Appeal of Florida | Filed: Dec 21, 1989 | Docket: 64646980

Published

cocaine QUASHED. COBB and COWART, JJ., concur. . § 893.135(l)(b)l„ Fla.Stat. (1987). . § 893.147(1), Fla

Gurican v. State

552 So. 2d 975, 14 Fla. L. Weekly 2690, 1989 Fla. App. LEXIS 6542, 1989 WL 139120

District Court of Appeal of Florida | Filed: Nov 21, 1989 | Docket: 64646564

Published

include the three year mandatory minimum term. See § 893.135(l)(b)l., Fla.Stat. (1983). Guri-can’s notice of

Walker v. State

555 So. 2d 1221, 14 Fla. L. Weekly 1961, 1989 Fla. App. LEXIS 4759, 1989 WL 97698

District Court of Appeal of Florida | Filed: Aug 22, 1989 | Docket: 64647689

Published

fine, we noted that the fine was required by section 893.-135(1)(b)(1), Florida Statutes (1985). The remand

Weller v. State

547 So. 2d 997, 14 Fla. L. Weekly 1904, 1989 Fla. App. LEXIS 4602, 1989 WL 90486

District Court of Appeal of Florida | Filed: Aug 10, 1989 | Docket: 64644455

Published

of trafficking in cocaine was required by section 893.135(l)(b)3, Florida Statutes (1987). Therefore

Pate v. State

547 So. 2d 316, 14 Fla. L. Weekly 1884, 1989 Fla. App. LEXIS 4549, 1989 WL 88030

District Court of Appeal of Florida | Filed: Aug 9, 1989 | Docket: 64644214

Published

reduction of the mandatory sentence pursuant to section 893.135(4), Florida Statutes (1987). As this court

Deltoro v. State

546 So. 2d 1169, 14 Fla. L. Weekly 1813, 1989 Fla. App. LEXIS 4294, 1989 WL 85278

District Court of Appeal of Florida | Filed: Aug 1, 1989 | Docket: 64643950

Published

than 200 *1170grams of cocaine m violation of section 893.135, Florida Statutes (1985) and in count II with

Tyson v. Dugger

547 So. 2d 240, 14 Fla. L. Weekly 1691, 1989 Fla. App. LEXIS 3961, 1989 WL 77483

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 64644161

Published

sentence under either section 775.082(1) or section 893.135; (b) are serving the minimum mandatory portion

Urbay v. State

546 So. 2d 85, 14 Fla. L. Weekly 1636, 1989 Fla. App. LEXIS 3770, 1989 WL 73443

District Court of Appeal of Florida | Filed: Jul 5, 1989 | Docket: 64643588

Published

impose the $250,000 mandatory fine required by section 893.135(l)(d)(3), Florida Statutes (1987). On the defendant’s

Madrigal v. State

545 So. 2d 392, 14 Fla. L. Weekly 1359, 1989 Fla. App. LEXIS 3208

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 64643273

Published

than 200 and less than 400 grams pursuant to section 893.135(l)(b), Florida Statutes (1985), Madrigal and

Julian v. State

545 So. 2d 347, 1989 WL 52824

District Court of Appeal of Florida | Filed: May 28, 1989 | Docket: 64643265

Published

400 grams or more thereof, as proscribed by Section 893.135(l)(b), Florida Statutes (1985). I am of the

Finocchiaro v. State

543 So. 2d 347, 14 Fla. L. Weekly 1168, 1989 Fla. App. LEXIS 2578, 1989 WL 48081

District Court of Appeal of Florida | Filed: May 11, 1989 | Docket: 64642570

Published

both crimes arose from the same transaction. Section 893.135(5), Florida Statutes (1987) specifically provides

State v. Thompson

542 So. 2d 1049, 14 Fla. L. Weekly 1081, 1989 Fla. App. LEXIS 2296, 1989 WL 43335

District Court of Appeal of Florida | Filed: May 2, 1989 | Docket: 64642262

Published

convicted and sentenced for a violation of Section 893.-135(l)(d)(3), Florida Statutes (1983). At the

Heaton v. State

543 So. 2d 290, 14 Fla. L. Weekly 1030, 1989 Fla. App. LEXIS 2267, 1989 WL 39571

District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 64642543

Published

possession of cocaine. Appellant contends section 893.135(4), as amended, of the Florida Drug Trafficking

Sandoval v. State

541 So. 2d 1361, 14 Fla. L. Weekly 1060, 1989 Fla. App. LEXIS 2279

District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 64642005

Published

trafficking in 400 grams is fifteen years in prison (section 893.135(l)(b)3, Florida Statutes (1987)), justice demanded

Usquiano v. State

540 So. 2d 172, 14 Fla. L. Weekly 709, 1989 Fla. App. LEXIS 1392, 1989 WL 23503

District Court of Appeal of Florida | Filed: Mar 15, 1989 | Docket: 64641144

Published

minimum mandatory sentence of fifteen years (section 893.-135(1)(b)(3), Florida Statutes (1987)), and sentenced

Harper v. State

539 So. 2d 571, 14 Fla. L. Weekly 635, 1989 Fla. App. LEXIS 1318, 1989 WL 19569

District Court of Appeal of Florida | Filed: Mar 9, 1989 | Docket: 64640872

Published

as “substantial assistance” as defined by section 893.135(4), Florida Statutes (1987), and that he would

Bernadini v. State

540 So. 2d 132, 14 Fla. L. Weekly 529, 1989 Fla. App. LEXIS 903, 1989 WL 13616

District Court of Appeal of Florida | Filed: Feb 23, 1989 | Docket: 64641128

Published

exceeding twenty-eight grams in violation of section 893.135(1)(b)1, Florida Statutes, (1987). He was sentenced

Montoya v. State

537 So. 2d 629, 14 Fla. L. Weekly 153, 1988 Fla. App. LEXIS 5782, 1988 WL 139090

District Court of Appeal of Florida | Filed: Dec 28, 1988 | Docket: 64640039

Published

mandatory sentence of fifteen years prescribed by section 893.135(1)(b)(3), Florida Statutes (1987), based on

Sanchez v. State

533 So. 2d 1190, 13 Fla. L. Weekly 2543, 1988 Fla. App. LEXIS 5071, 1988 WL 122444

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 64638642

Published

for trafficking in cocaine in violation of section 893.135, Florida Statutes (1985). We find error only

Lipscomb v. State

534 So. 2d 1202, 13 Fla. L. Weekly 2542, 1988 Fla. App. LEXIS 5075, 1988 WL 122439

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 64639061

Published

for trafficking in cocaine in violation of section 893.135, Florida Statutes (1985) and possession of

Restrepo v. State

533 So. 2d 1180, 13 Fla. L. Weekly 2374, 1988 Fla. App. LEXIS 4661, 1988 WL 109643

District Court of Appeal of Florida | Filed: Oct 21, 1988 | Docket: 64638634

Published

minimum mandatory sentence of fifteen years (section 893.-135(l)(b)3, Florida Statutes (1987)), and sentenced

Jackson v. State

528 So. 2d 1306, 13 Fla. L. Weekly 1853, 1988 Fla. App. LEXIS 3528, 1988 WL 80894

District Court of Appeal of Florida | Filed: Aug 3, 1988 | Docket: 64636232

Published

mandatory minimum for drug trafficking under section 893.135, Florida Statutes (1985). Appellant raises

Date v. State

528 So. 2d 547, 13 Fla. L. Weekly 1779, 1988 Fla. App. LEXIS 3388, 1988 WL 75968

District Court of Appeal of Florida | Filed: Jul 26, 1988 | Docket: 64636053

Published

but less than two thousand pounds of cannabis, § 893.135, Fla.Stat. (1987), and conspiracy to traffic in

Velez v. State

528 So. 2d 933, 13 Fla. L. Weekly 1607, 1988 Fla. App. LEXIS 2868, 1988 WL 68510

District Court of Appeal of Florida | Filed: Jul 7, 1988 | Docket: 64636132

Published

with trafficking in cocaine in violation of section 893.135(l)(b)(3), Florida Statutes (1985). Petitioner

Valdes v. State

528 So. 2d 94, 13 Fla. L. Weekly 1585, 1988 Fla. App. LEXIS 2974, 1988 WL 70571

District Court of Appeal of Florida | Filed: Jul 7, 1988 | Docket: 64635886

Published

fifteen provided for appellant’s offenses. See § 893.135(1)(b)(3), Fla.Stat. The mandatory sentence of

Alvarez v. State

525 So. 2d 946, 13 Fla. L. Weekly 1106, 1988 Fla. App. LEXIS 4237, 1988 WL 45253

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 64634999

Published

the minimum mandatory sentence required by section 893.135(l)(b)(3) Florida Statutes (1985). REVERSED

State v. Agerton

523 So. 2d 1241, 13 Fla. L. Weekly 982, 1988 Fla. App. LEXIS 1550, 1988 WL 34661

District Court of Appeal of Florida | Filed: Apr 21, 1988 | Docket: 64634307

Published

amount of 400 grams or more in violation of section 893.135(l)(b)(3), Florida Statutes (1985).1 Agerton

Martin v. State

523 So. 2d 1226, 1988 Fla. App. LEXIS 2220, 1988 WL 36624

District Court of Appeal of Florida | Filed: Apr 15, 1988 | Docket: 64634300

Published

guideline sentencing range was 3½ to 4½ years, section 893.135, Florida Statutes, provides a 15-year mandatory

Bowen v. State

524 So. 2d 703, 1988 Fla. App. LEXIS 1501, 1988 WL 33689

District Court of Appeal of Florida | Filed: Apr 15, 1988 | Docket: 64634626

Published

correct the imposition of the fine mandated by Section 893.135(l)(a)3, Florida Statutes (1985) so that the

Anderson v. State

526 So. 2d 106, 13 Fla. L. Weekly 338, 1988 Fla. App. LEXIS 338, 1988 WL 6059

District Court of Appeal of Florida | Filed: Feb 3, 1988 | Docket: 64635197

Published

appellant under section 893.13 rather than section 893.135, appellant’s plea bargain was clearly premised

Braxton v. State

519 So. 2d 60, 13 Fla. L. Weekly 302, 1988 Fla. App. LEXIS 317, 1988 WL 5103

District Court of Appeal of Florida | Filed: Jan 27, 1988 | Docket: 64632196

Published

review denied, 488 So.2d 830 (Fla.1986). Section 893.135, Florida Statutes (1985), the trafficking statute

Samples v. State

516 So. 2d 50, 12 Fla. L. Weekly 2771, 1987 Fla. App. LEXIS 11316, 1987 WL 2112

District Court of Appeal of Florida | Filed: Dec 2, 1987 | Docket: 64631199

Published

offense under the Florida trafficking statute. § 893.135(l)(a)(l), Fla.Stat. (1985). This increased appellant’s

Goff v. State

512 So. 2d 1095, 12 Fla. L. Weekly 2282, 1987 Fla. App. LEXIS 10290

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 64629618

Published

minimum mandatory prison sentence as provided in section 893.135, Florida Statutes (1985). Florida Rule of Criminal

Goff v. State

512 So. 2d 1095, 12 Fla. L. Weekly 2282, 1987 Fla. App. LEXIS 10290

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 64629618

Published

minimum mandatory prison sentence as provided in section 893.135, Florida Statutes (1985). Florida Rule of Criminal

Soto v. State

515 So. 2d 249, 12 Fla. L. Weekly 2086, 1987 Fla. App. LEXIS 10024

District Court of Appeal of Florida | Filed: Aug 27, 1987 | Docket: 64630807

Published

substantial assistance as provided for in section 893.135(3), Florida Statutes (1985).1 A general discussion

Allen v. State

510 So. 2d 654, 12 Fla. L. Weekly 1852, 1987 Fla. App. LEXIS 9618

District Court of Appeal of Florida | Filed: Jul 31, 1987 | Docket: 64628667

Published

trafficking in cocaine (count III), a violation of section 893.135(l)(b)(2), Florida Statutes (1983), because

Mitchell v. State

509 So. 2d 1371, 12 Fla. L. Weekly 1791, 1987 Fla. App. LEXIS 9447

District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 64628465

Published

The statutory definition of trafficking in section 893.135(l)(a) is broader than mere possession with

Woods v. State

509 So. 2d 1370, 12 Fla. L. Weekly 1791, 1987 Fla. App. LEXIS 9524

District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 64628464

Published

resentencing. DAUKSCH and COBB, JJ., concur. . § 893.135(l)(b)l, Fla.Stat. (1985). For conviction of the

Dominguez v. State

508 So. 2d 1316, 12 Fla. L. Weekly 1523, 1987 Fla. App. LEXIS 9015

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 64628130

Published

amount greater than 28 grams, in violation of Section 893.135(l)(b)l, Florida Statutes (1985), and sentencing

Rickard v. State

508 So. 2d 736, 12 Fla. L. Weekly 1362, 1987 Fla. App. LEXIS 8503

District Court of Appeal of Florida | Filed: May 27, 1987 | Docket: 64627923

Published

substantial assistance program is provided by section 893.135(3), Florida Statutes (1985).

Doumar v. State

507 So. 2d 735, 12 Fla. L. Weekly 1293, 1987 Fla. App. LEXIS 8309

District Court of Appeal of Florida | Filed: May 20, 1987 | Docket: 64627354

Published

but less than 200 grams, in violation of section 893.-135(l)(b)(l), Florida Statutes. After he was arrested

Hester v. State

507 So. 2d 724, 12 Fla. L. Weekly 1294, 1987 Fla. App. LEXIS 8336

District Court of Appeal of Florida | Filed: May 19, 1987 | Docket: 64627346

Published

minimum-mandatory sentence per the provisions of section 893.135 of the Florida Statutes. The appellant offered

Chudeusz v. State

508 So. 2d 418, 1987 Fla. App. LEXIS 8109, 12 Fla. L. Weekly 1189

District Court of Appeal of Florida | Filed: May 7, 1987 | Docket: 64627788

Published

100 pounds of cannabis, a first degree felony. § 893.135(4), Fla.Stat. (1985). This *419statute requires

Larazabal v. State

506 So. 2d 85, 12 Fla. L. Weekly 1145, 1987 Fla. App. LEXIS 7946

District Court of Appeal of Florida | Filed: May 1, 1987 | Docket: 64626724

Published

challenges the imposition of two fines. We affirm. Section 893.135(l)(b)l, Florida Statutes (1985), provides for

State v. Jimenez

508 So. 2d 1257, 12 Fla. L. Weekly 1087, 1987 Fla. App. LEXIS 7826

District Court of Appeal of Florida | Filed: Apr 21, 1987 | Docket: 64628112

Published

of trafficking in cocaine in violation of Section 893.135, Florida Statutes (1985). We treat the motion

Keine v. State

504 So. 2d 483, 12 Fla. L. Weekly 806, 1987 Fla. App. LEXIS 7334

District Court of Appeal of Florida | Filed: Mar 20, 1987 | Docket: 64626008

Published

minimum sentence may be imposed under either section 893.135 or section 775.087(2). We agree. Accordingly

Hernandez v. State

501 So. 2d 163, 12 Fla. L. Weekly 373, 1987 Fla. App. LEXIS 6468

District Court of Appeal of Florida | Filed: Jan 27, 1987 | Docket: 64624417

Published

five-year mandatory minimum sentence prescribed by section 893.135, Florida Statutes (1983), takes precedence

Colvin v. State

501 So. 2d 118, 12 Fla. L. Weekly 334, 1987 Fla. App. LEXIS 6413

District Court of Appeal of Florida | Filed: Jan 21, 1987 | Docket: 64624407

Published

twenty-eight or more grams of cocaine in violation of section 893.135, Florida Statutes (1983), one count of grand

Madden v. State

499 So. 2d 63, 12 Fla. L. Weekly 137

District Court of Appeal of Florida | Filed: Dec 24, 1986 | Docket: 2509503

Published

fifteen year minimum mandatory sentence. See § 893.135, Fla. Stat. (1985). Because the state did not

State v. Stevens

500 So. 2d 288, 12 Fla. L. Weekly 128, 1986 Fla. App. LEXIS 11006

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 64624114

Published

move to mitigate his sentence pursuant to section 893.135(3).1 The State explained, however, that it

Edwards v. State

498 So. 2d 1055, 12 Fla. L. Weekly 69, 1986 Fla. App. LEXIS 11542

District Court of Appeal of Florida | Filed: Dec 17, 1986 | Docket: 64623680

Published

mandatory minimum term of three years pursuant to section 893.135(1), Florida Statutes (1985). Since the trial

Smith v. State

498 So. 2d 1015, 11 Fla. L. Weekly 2598, 1986 Fla. App. LEXIS 11309

District Court of Appeal of Florida | Filed: Dec 11, 1986 | Docket: 64623664

Published

more serious criminal offenses: § 893.13(l)(e); § 893.-135(l)(a), Fla.Stat. (1983). But since he was neither

Moore v. State

498 So. 2d 1003, 11 Fla. L. Weekly 2647, 1986 Fla. App. LEXIS 11356

District Court of Appeal of Florida | Filed: Dec 10, 1986 | Docket: 64623658

Published

pursuant to the substantial assistance statute, § 893.135(3), Fla.Stat., he acted well within his discretion

Coon v. State

495 So. 2d 884, 11 Fla. L. Weekly 2174, 1986 Fla. App. LEXIS 10136

District Court of Appeal of Florida | Filed: Oct 10, 1986 | Docket: 64622227

Published

pursuant to the substantial assistance statute, section 893.135(3), Florida Statutes (1985), and the defendant

State v. Maillis

495 So. 2d 817, 1986 Fla. App. LEXIS 10134

District Court of Appeal of Florida | Filed: Sep 26, 1986 | Docket: 64622200

Published

the mandatory-minimum sentence pursuant to section 893.135(3), the trial court erred in suspending all

Pedraza v. State

493 So. 2d 1122, 11 Fla. L. Weekly 1980, 1986 Fla. App. LEXIS 9700

District Court of Appeal of Florida | Filed: Sep 16, 1986 | Docket: 64621529

Published

trafficking in cocaine in excess of 400 grams, under section 893.-135(1)(b)3, Florida Statutes (1985), required

Linder v. State

493 So. 2d 1091, 11 Fla. L. Weekly 1940, 1986 Fla. App. LEXIS 9584

District Court of Appeal of Florida | Filed: Sep 10, 1986 | Docket: 64621518

Published

from a judgment and sentence for violation of section 893.-135(l)(a)(l), Florida Statutes, attempted trafficking

Anderson v. State

493 So. 2d 1092, 11 Fla. L. Weekly 1940, 1986 Fla. App. LEXIS 9587

District Court of Appeal of Florida | Filed: Sep 10, 1986 | Docket: 64621519

Published

but less than 2000 pounds, in violation of section 893.135(4), Florida Statutes. However, the evidence

Morris v. State

493 So. 2d 19, 1986 Fla. App. LEXIS 9013, 11 Fla. L. Weekly 1625

District Court of Appeal of Florida | Filed: Jul 24, 1986 | Docket: 64621236

Published

exhibits attached to the motion, it appears that section 893.135(l)(a)l, Florida Statutes (1983) requiring a

Willoughby v. State

491 So. 2d 351, 11 Fla. L. Weekly 1608, 1986 Fla. App. LEXIS 8967

District Court of Appeal of Florida | Filed: Jul 23, 1986 | Docket: 64620598

Published

state attorney’s unreasonable application of Section 893.135(3), Florida Statutes (1985), denied him equal

Williams v. State

489 So. 2d 811, 11 Fla. L. Weekly 1228, 1986 Fla. App. LEXIS 8092

District Court of Appeal of Florida | Filed: May 29, 1986 | Docket: 64619902

Published

entered dismissing the charges and declaring Section 893.135, Florida Statutes, unconstitutional. Thereafter

Vause v. State

488 So. 2d 568, 11 Fla. L. Weekly 982, 1986 Fla. App. LEXIS 7568

District Court of Appeal of Florida | Filed: Apr 29, 1986 | Docket: 64619340

Published

possession of more than 28 ounces of cocaine, section 893.135(l)(b)l, Florida Statutes (1981).1 He raises

Acosta v. State

489 So. 2d 63, 11 Fla. L. Weekly 840, 1986 Fla. App. LEXIS 7152

District Court of Appeal of Florida | Filed: Apr 9, 1986 | Docket: 64619693

Published

the “substantial assistance” requirement in Section 893.135, Florida Statutes (1983), and that appellant

State v. Chapin

486 So. 2d 566

Supreme Court of Florida | Filed: Apr 3, 1986 | Docket: 1407132

Published

possession of a controlled substance, cannabis. [3] § 893.135, Fla. Stat. (1983). [4] If the metal came from

State v. Small

483 So. 2d 783, 11 Fla. L. Weekly 400, 1986 Fla. App. LEXIS 6594

District Court of Appeal of Florida | Filed: Feb 11, 1986 | Docket: 64617534

Published

(1) trafficking in cannabis in violation of Section 893.135, Florida Statutes (1983), and (2) manufacture

Ankiel v. State

479 So. 2d 263, 10 Fla. L. Weekly 2670, 1985 Fla. App. LEXIS 17159

District Court of Appeal of Florida | Filed: Dec 5, 1985 | Docket: 64615891

Published

400 grams of cocaine, a controlled substance. § 893.135(l)(b)3, Fla.Stat. (1983). We affirm the conviction

State v. Johnson

480 So. 2d 660, 10 Fla. L. Weekly 2626, 1985 Fla. App. LEXIS 16991

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 64616381

Published

filing, in any case, a motion pursuant to section 893.-135(3), Florida Statutes (1983). That statute

Marrow v. State

483 So. 2d 17, 10 Fla. L. Weekly 2637, 1985 Fla. App. LEXIS 16961

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 64617364

Published

Osceola and Hillsborough Counties, pursuant to section 893.135(3), Florida Statutes (1983). If Reichert furnished

Glenn Michael Tupica v. Louie L. Wainwright, Secretary Department of Corrections, State of Florida, and R.L. Dugger, Superintendent, State Prison

765 F.2d 1087, 1985 U.S. App. LEXIS 20296

Court of Appeals for the Eleventh Circuit | Filed: Jul 16, 1985 | Docket: 2290421

Published

trafficking in cocaine in violation of Fla.Stat.Ann. § 893.135(l)(b)(3), Glenn Michael Tupica seeks federal habeas

Wander v. State

471 So. 2d 83, 10 Fla. L. Weekly 1218, 1985 Fla. App. LEXIS 13922

District Court of Appeal of Florida | Filed: May 16, 1985 | Docket: 64612649

Published

dismiss, challenging the constitutionality of section 893.-135(l)(b), Florida Statutes (1983). The motion

Morgan v. Brescher

466 So. 2d 1218, 10 Fla. L. Weekly 916, 1985 Fla. App. LEXIS 13384

District Court of Appeal of Florida | Filed: Apr 10, 1985 | Docket: 64611179

Published

provided for in the drug trafficking statute, section 893.135, Florida Statutes (1983), violate the federal

State v. Barber

465 So. 2d 624, 10 Fla. L. Weekly 781, 1985 Fla. App. LEXIS 13059

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 64610707

Published

under the substantial assistance provisions of section 893.135, Florida Statutes. Respondent filed a motion

Reyes v. State

462 So. 2d 1198, 10 Fla. L. Weekly 304, 1985 Fla. App. LEXIS 12105

District Court of Appeal of Florida | Filed: Jan 29, 1985 | Docket: 64609614

Published

Antone v. State, 382 So.2d 1205 (Fla.1980); and Section 893.135, Florida Statutes, is not, as the defendant

Reyes v. State

462 So. 2d 1198, 10 Fla. L. Weekly 304, 1985 Fla. App. LEXIS 12105

District Court of Appeal of Florida | Filed: Jan 29, 1985 | Docket: 64609614

Published

Antone v. State, 382 So.2d 1205 (Fla.1980); and Section 893.135, Florida Statutes, is not, as the defendant

O'Byrne v. State

462 So. 2d 115, 10 Fla. L. Weekly 211, 1985 Fla. App. LEXIS 11929

District Court of Appeal of Florida | Filed: Jan 18, 1985 | Docket: 64609268

Published

establish the requisite intent by appellant under section 893.135(l)(e), Florida Statutes (1981), for a finding

Gottlieb v. State

462 So. 2d 101, 10 Fla. L. Weekly 192, 1985 Fla. App. LEXIS 11971

District Court of Appeal of Florida | Filed: Jan 16, 1985 | Docket: 64609267

Published

the minimum mandatory sentence mandated by section 893.135(l)(b)(2), Florida Statutes (1983) or to place

Florida Bar v. Linn

461 So. 2d 101, 10 Fla. L. Weekly 20, 1984 Fla. LEXIS 3750

Supreme Court of Florida | Filed: Dec 20, 1984 | Docket: 64608939

Published

cocaine, a controlled substance as defined by § 893.-135, Florida Statutes, thus soliciting Richard Stoutenburgh

Breines v. State

462 So. 2d 831, 10 Fla. L. Weekly 50, 1984 Fla. App. LEXIS 16128

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 64609541

Published

validity of the Florida trafficking statute, § 893.135, Fla. Stat. (1981). It is constitutional. State

Pena v. State

460 So. 2d 559, 1984 Fla. App. LEXIS 16097, 10 Fla. L. Weekly 74

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 64608648

Published

trafficking in methaqualone in violation of section 893.-135(l)(e), Florida Statutes (1981). He was convicted

Pena v. State

460 So. 2d 559, 1984 Fla. App. LEXIS 16097, 10 Fla. L. Weekly 74

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 64608648

Published

trafficking in methaqualone in violation of section 893.-135(l)(e), Florida Statutes (1981). He was convicted

State v. Hanscom

460 So. 2d 924, 9 Fla. L. Weekly 2507, 1984 Fla. App. LEXIS 16416

District Court of Appeal of Florida | Filed: Nov 28, 1984 | Docket: 64608783

Published

cocaine, a first-degree felony punishable under section 893.135(l)(b)3., Florida Statutes (1983), by a fifteen-year

Chapin v. State

458 So. 2d 339, 9 Fla. L. Weekly 2152, 1984 Fla. App. LEXIS 15388

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607807

Published

concur. . § 782.04(4), Fla.Stat. (1983). . § 893.135, Fla.Stat. (1983). . See Ohio v. Johnson, —

Tupica v. Wainwright

595 F. Supp. 781

District Court, S.D. Florida | Filed: Oct 8, 1984 | Docket: 66163866

Published

trafficking in cocaine in violation of Florida Statute 893.135(1)(b)(3). On October 26, 1982, Petitioner

Acton v. State

457 So. 2d 540, 9 Fla. L. Weekly 2119, 1984 Fla. App. LEXIS 15285

District Court of Appeal of Florida | Filed: Oct 3, 1984 | Docket: 64607400

Published

893.13, Florida Statutes (1983), rather than section 893.135, Florida Statutes (1983). Conviction of delivering

State v. Stella

454 So. 2d 780, 9 Fla. L. Weekly 1873, 1984 Fla. App. LEXIS 14913

District Court of Appeal of Florida | Filed: Aug 29, 1984 | Docket: 64606480

Published

more lenient treatment for Delannoy under section 893.135(3), Florida Statutes (1983), constituted unconstitutional

Peterson v. State

453 So. 2d 512, 1984 Fla. App. LEXIS 14000

District Court of Appeal of Florida | Filed: Aug 1, 1984 | Docket: 64606131

Published

sentencing provisions provided for in Fla. Stat. § 893.135. The issue now presented is whether the trial

Bouknight v. State

455 So. 2d 438, 1984 Fla. App. LEXIS 14435

District Court of Appeal of Florida | Filed: Jul 27, 1984 | Docket: 64606662

Published

cruel and unusual punishment, by reason of section 893.135’s requirement of mandatory minimum sentences

Miami Herald Publishing Co. v. Lewis

452 So. 2d 144, 1984 Fla. App. LEXIS 13756

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 64605644

Published

participate in a “good cause” hearing pursuant to Section 893.135(3), Florida Statutes (1982) as to whether or

Wilson v. State

451 So. 2d 1050, 1984 Fla. App. LEXIS 13748

District Court of Appeal of Florida | Filed: Jun 27, 1984 | Docket: 64605542

Published

mandatory sentence should be imposed under Section 893.135(l)(a)l rather than Section 775.087(2) Florida

State v. Weiss

449 So. 2d 915, 1984 Fla. App. LEXIS 12946

District Court of Appeal of Florida | Filed: Apr 24, 1984 | Docket: 64604544

Published

with trafficking in cocaine in violation of Section 893.135 Florida Statutes (1981) and possession of a

State v. Slifer

447 So. 2d 433, 1984 Fla. App. LEXIS 12391

District Court of Appeal of Florida | Filed: Mar 22, 1984 | Docket: 64603725

Published

but less than 2,000 pounds, in violation of section 893.135(l)(a)l, Florida Statutes. We affirm. On August

Bateman v. State

446 So. 2d 97, 1984 Fla. LEXIS 2661

Supreme Court of Florida | Filed: Feb 23, 1984 | Docket: 64603253

Published

motion by the state attorney, pursuant to section 893.135(3), Florida Statutes (1981),* the sentencing

Diaz v. State

441 So. 2d 1125, 1983 Fla. App. LEXIS 24053

District Court of Appeal of Florida | Filed: Nov 9, 1983 | Docket: 64601339

Published

DCA 1983). Diaz and Lytle’s contention that Section 893.135, Florida Statutes (1981), the drug trafficking

Iapichino v. State

435 So. 2d 871, 1983 Fla. App. LEXIS 22358

District Court of Appeal of Florida | Filed: Jul 6, 1983 | Docket: 64598816

Published

sentence for trafficking in cocaine under Section 893.135, Florida Statutes (1981). This case arose as

Lobo v. Florida Parole & Probation Commission

433 So. 2d 622, 1983 Fla. App. LEXIS 20091

District Court of Appeal of Florida | Filed: Jun 22, 1983 | Docket: 64597842

Published

Trafficking in cocaine is a first degree felony. § 893.135(l)(b), Fla.Stat. (1981). Conspiracy to commit

Jordan v. State

433 So. 2d 28, 1983 Fla. App. LEXIS 20214

District Court of Appeal of Florida | Filed: Jun 15, 1983 | Docket: 64597580

Published

of trafficking in cannabis in violation of Section 893.135(l)(a)2, Florida Statutes (1979). He claims

Fernandez v. State

434 So. 2d 3, 1983 Fla. App. LEXIS 20859

District Court of Appeal of Florida | Filed: Jun 1, 1983 | Docket: 64598083

Published

their convictions for trafficking in cannabis, Section 893.135, Florida Statutes (1981), Fernandez and Perez

Morejon v. State

431 So. 2d 315

District Court of Appeal of Florida | Filed: May 17, 1983 | Docket: 456098

Published

of trafficking in cannabis in violation of section 893.135, Florida Statutes (1981), and entered a three-year

Waseleski v. State

429 So. 2d 77, 1983 Fla. App. LEXIS 19442

District Court of Appeal of Florida | Filed: Apr 6, 1983 | Docket: 64596012

Published

prosecutor’s recommendation of leniency. See § 893.135(3), Fla.Stat. (1981). The trial judge denied the

Shulman v. Florida Parole & Probation Commission

429 So. 2d 755, 1983 Fla. App. LEXIS 19074

District Court of Appeal of Florida | Filed: Apr 5, 1983 | Docket: 64596350

Published

200 grams of methaqualone in violation of section 893.135(l)(e), Florida Statutes (1981). At trial, the

McCrary v. State

427 So. 2d 1047, 1983 Fla. App. LEXIS 19234

District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 64595523

Published

Another point concerns the trafficking statute, Section 893.135, Florida Statutes (1981), the constitutionality

Ojeda v. State

427 So. 2d 185, 1983 Fla. LEXIS 2293

Supreme Court of Florida | Filed: Feb 3, 1983 | Docket: 64595232

Published

He was sentenced pursuant to the provisions of § 893.135, Fla.Stat. (1981).

Brayton v. State

425 So. 2d 88, 1982 Fla. App. LEXIS 21955

District Court of Appeal of Florida | Filed: Dec 20, 1982 | Docket: 64594629

Published

evidence, and a jury instruction derived from Section 893.135(3), Florida Statutes. Finding no reversible

Tosh v. State

424 So. 2d 97, 1982 Fla. App. LEXIS 21918

District Court of Appeal of Florida | Filed: Dec 16, 1982 | Docket: 64594375

Published

where trafficking in cannabis in violation of Section 893.135(1)(a) is charged, possession of cannabis in

State v. Ralston

422 So. 2d 1093

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 220298

Published

We also reject the claim by appellees that Section 893.135, Florida Statutes (1979) violates their right

Hayes v. State

422 So. 2d 1026, 1982 Fla. App. LEXIS 21814

District Court of Appeal of Florida | Filed: Nov 30, 1982 | Docket: 64593756

Published

mandatory minimum three-year sentence pursuant to Section 893.135(l)(a)l. We disagree. A review of the sentencing

State v. Breland

421 So. 2d 761, 1982 Fla. App. LEXIS 22100

District Court of Appeal of Florida | Filed: Nov 10, 1982 | Docket: 64593156

Published

REMANDED. DOWNEY and BERANEK, JJ., concur. . § 893.135(l)(a), Fla.Stat. (1979). . § 893.13(l)(a), Fla

Rennis v. State

421 So. 2d 611, 1982 Fla. App. LEXIS 21376

District Court of Appeal of Florida | Filed: Oct 14, 1982 | Docket: 64593115

Published

Supreme Court upheld the constitutionality of Section 893.135, Florida Statutes (1979). State v. Yu, 400

Bosier v. State

419 So. 2d 1042, 1982 Fla. LEXIS 2531

Supreme Court of Florida | Filed: Sep 9, 1982 | Docket: 64592217

Published

appeal of a circuit court judgment in which section 893.135, Florida Statutes (1979), was upheld against

Bosier v. State

419 So. 2d 1042, 1982 Fla. LEXIS 2531

Supreme Court of Florida | Filed: Sep 9, 1982 | Docket: 64592217

Published

appeal of a circuit court judgment in which section 893.135, Florida Statutes (1979), was upheld against

Boykin v. State

421 So. 2d 538, 1982 Fla. App. LEXIS 21073

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 64593103

Published

Chippas also challenges the constitutionality of section 893.135, Florida Statutes (1979), which imposes a mandatory

Martinez v. State

417 So. 2d 770, 1982 Fla. App. LEXIS 20719

District Court of Appeal of Florida | Filed: Jul 30, 1982 | Docket: 64591520

Published

sentence for trafficking in cannabis required by Section 893.135(l)(a)l., Florida Statutes (1979) should be

Whetstone v. State

415 So. 2d 777, 1982 Fla. App. LEXIS 20167

District Court of Appeal of Florida | Filed: May 28, 1982 | Docket: 64590687

Published

the mandatory minimum sentence required by section 893.135, Florida Statutes (1981), and State v. Benitez

Schramm v. State

414 So. 2d 295, 1982 Fla. App. LEXIS 20184

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 64590107

Published

Appellant is to be resentenced, in accordance with section 893.135, Florida Statutes (1979), to the minimum mandatory

State v. O'Dell

413 So. 2d 104, 1982 Fla. App. LEXIS 20656

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 64589584

Published

with trafficking in cocaine in violation of section 893.135, Florida Statutes (1979). He filed a motion

Benningfield v. State

416 So. 2d 468, 1982 Fla. App. LEXIS 19792

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 64591060

Published

automobile, and he attacks the constitutionality of section 893.135, Florida Statutes (1981). We reject both arguments

State v. Susman

412 So. 2d 866, 1982 Fla. App. LEXIS 29204

District Court of Appeal of Florida | Filed: Feb 23, 1982 | Docket: 64589329

Published

entering such order, the trial court held that Section 893.-135, Florida Statutes was unconstitutional. The

Cedrone v. State

409 So. 2d 1181, 1982 Fla. App. LEXIS 19294

District Court of Appeal of Florida | Filed: Feb 17, 1982 | Docket: 64587991

Published

with trafficking in cocaine, in violation of Section 893.135, Florida Statutes (1979). He entered a plea

Miller v. State

410 So. 2d 557, 1982 Fla. App. LEXIS 19205

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 64588247

Published

with trafficking in cocaine in violation of Section 893.135(1)(b)(2), Florida Statutes, a first degree

Hoover v. State ex rel. Eagan

409 So. 2d 123, 1982 Fla. App. LEXIS 19067

District Court of Appeal of Florida | Filed: Jan 27, 1982 | Docket: 64587461

Published

used to purchase marijuana in violation of section 893.135(1)(a)(1),1 the currency is contraband pursuant

Williams v. State

407 So. 2d 640, 1981 Fla. App. LEXIS 21956

District Court of Appeal of Florida | Filed: Dec 16, 1981 | Docket: 64586875

Published

the amount of 28 grams or more, contrary to Section 893.135(l)(b)(l), Florida Statutes (1979). Violation

State v. Barnes

404 So. 2d 422, 1981 Fla. App. LEXIS 21290

District Court of Appeal of Florida | Filed: Oct 13, 1981 | Docket: 64585402

Published

appellees’ motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Link

403 So. 2d 1130, 1981 Fla. App. LEXIS 21150

District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 64585142

Published

court’s order of April 29, 1980, which declared Section 893.135, Florida Statutes (1979) to be unconstitutional

Gemmell v. State

403 So. 2d 629, 1981 Fla. App. LEXIS 21078

District Court of Appeal of Florida | Filed: Sep 18, 1981 | Docket: 64585054

Published

charge of trafficking in cocaine pursuant to section 893.135(3), Florida Statutes (1979), the trial judge

State v. Kip

404 So. 2d 115, 1981 Fla. LEXIS 2851

Supreme Court of Florida | Filed: Sep 17, 1981 | Docket: 64585211

Published

appel-lee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Coyle

402 So. 2d 1375, 1981 Fla. App. LEXIS 21043

District Court of Appeal of Florida | Filed: Sep 9, 1981 | Docket: 64584877

Published

court’s order of April 10, 1980, which declared Section 893.135, Florida Statutes (1979) to be unconstitutional

State v. Smith

402 So. 2d 1360, 1981 Fla. App. LEXIS 20939

District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 64584864

Published

order of December 19, 1980, which declared Section 893.135, Florida Statutes (1979) to be unconstitutional

State v. Anderson

402 So. 2d 1360, 1981 Fla. App. LEXIS 20940

District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 64584865

Published

nunc pro tunc January 26,1981, which declared Section 893.135, Florida Statutes (1979), to be unconstitutional

State v. Jackson

401 So. 2d 1110, 1981 Fla. LEXIS 2791

Supreme Court of Florida | Filed: Jul 16, 1981 | Docket: 64584330

Published

with trafficking in cocaine in violation of section 893.135, Florida Statutes (1979). This appeal comes

State v. Samango

400 So. 2d 766, 1981 Fla. LEXIS 2745

Supreme Court of Florida | Filed: Jun 25, 1981 | Docket: 64583685

Published

appellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Arango

400 So. 2d 765, 1981 Fla. LEXIS 2749

Supreme Court of Florida | Filed: Jun 25, 1981 | Docket: 64583684

Published

appellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

Murray v. State

401 So. 2d 1119, 1981 Fla. App. LEXIS 20293

District Court of Appeal of Florida | Filed: Jun 22, 1981 | Docket: 64584336

Published

were charged in Count I of the information, Section, 893.135, Florida Statutes, violated their federal

State v. Bauer

400 So. 2d 458, 1981 Fla. LEXIS 2730

Supreme Court of Florida | Filed: Jun 18, 1981 | Docket: 64583565

Published

appel-lee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Foxx

398 So. 2d 1353, 1981 Fla. LEXIS 2697

Supreme Court of Florida | Filed: May 21, 1981 | Docket: 64582900

Published

declaration of the unconstitutionality of section 893.135, Florida Statutes (1979), and because the state

State v. Pierpont

398 So. 2d 1355, 1981 Fla. LEXIS 2695

Supreme Court of Florida | Filed: May 21, 1981 | Docket: 64582902

Published

ap-pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Constantini

399 So. 2d 972, 1981 Fla. LEXIS 2674

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64583307

Published

appel-lees’ motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Rodriguez

397 So. 2d 1139, 1981 Fla. LEXIS 2680

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582433

Published

ap-pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. MacKay

397 So. 2d 1136, 1981 Fla. LEXIS 2671

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582431

Published

ap-pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Cutler

397 So. 2d 1134, 1981 Fla. LEXIS 2679

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582428

Published

ap-pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. LaMaire

397 So. 2d 1132, 1981 Fla. LEXIS 2683

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582426

Published

ap-pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Reynolds

397 So. 2d 1132, 1981 Fla. LEXIS 2676

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582425

Published

ap-pellees’ motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Cutler

397 So. 2d 1134, 1981 Fla. LEXIS 2679

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582428

Published

ap-pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. LaMaire

397 So. 2d 1132, 1981 Fla. LEXIS 2683

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582426

Published

ap-pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Reynolds

397 So. 2d 1132, 1981 Fla. LEXIS 2676

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582425

Published

ap-pellees’ motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Cowgill

397 So. 2d 1134, 1981 Fla. LEXIS 2681

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582427

Published

ap-pellees’ motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Constantino

397 So. 2d 1139, 1981 Fla. LEXIS 2672

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582434

Published

ap-pellees’ motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Pierpont

397 So. 2d 1135, 1981 Fla. LEXIS 2684

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582429

Published

ap-pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Knowles

397 So. 2d 1135, 1981 Fla. LEXIS 2682

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582430

Published

ap-pellees’ motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

State v. Chandler

397 So. 2d 1139, 1981 Fla. LEXIS 2678

Supreme Court of Florida | Filed: Apr 30, 1981 | Docket: 64582435

Published

ap-*1140pellee’s motion to dismiss and declaring section 893.135, Florida Statutes (1979), unconstitutional

Costa v. State

404 So. 2d 128, 1981 Fla. App. LEXIS 19009

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 64585219

Published

years imprisonment and a fine of $200,000.00. Section 893.135(l)(a)(3), Florida Statutes (1979). The record

Soltesz v. State

394 So. 2d 1078, 1981 Fla. App. LEXIS 19592

District Court of Appeal of Florida | Filed: Mar 5, 1981 | Docket: 64580817

Published

Appellant’s attack on the constitutionality of Section 893.135, Florida Statutes (1979), the so-called “drug-trafficking”

Kniebes v. State

391 So. 2d 743, 1980 Fla. App. LEXIS 17913

District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 64579384

Published

of trafficking in cocaine in violation of Section 893.135 Fla. Stat. (1979), appeals on several grounds