Florida/Georgia Personal Injury & Workers Compensation

...Hydrocodone is a codeine derivative pain killer, found in some trade name drugs, including Lorcet and Vicodin. See Stedman's Medical Dictionary 816 (26th ed.1995). Hayes was charged with trafficking in four grams or more of hydrocodone in violation of section 893.135(1)(c)1, Florida *2 Statutes (Supp.1996)....

...The Fourth District reversed based on its interpretation of the applicable statutes, concluding that Hayes was properly charged with trafficking. See Hayes, 720 So.2d at 1097. The issue that we must resolve in this case is whether Hayes could be properly charged under the trafficking statute, section 893.135, which provides mandatory minimum terms of imprisonment and mandatory fines for trafficking in various drugs. The trafficking statute at issue in this case, section 893.135(1)(c)1, prohibits the sale, purchase, manufacture, delivery, or possession of four grams or more of the following substances: morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isome...

...However, hydrocodone is listed in both Schedule II and Schedule III. If the Lorcet tablets that Hayes possessed are properly classified as Schedule II substances, Hayes would be subject to a mandatory minimum term of imprisonment of twenty-five years and a mandatory fine of $500,000. See 893.135(1)(c)1.c....

...o a twenty-five year mandatory minimum sentence and a $500,000 fine even though the total amount of hydrocodone was as little as .3 grams. This is the same penalty prescribed for a defendant who illegally possesses twenty-eight grams of pure heroin. § 893.135(1)(c)1.c....

...inety-eight percent a non-controlled substance, which determines the penalty." Dial, 730 So.2d at 813 (Klein, J., specially concurring). To determine whether this "anomaly" was intended by the Legislature, we must examine the actual text of sections 893.135(1)(c)1 (the drug trafficking statute), 893.03(2)(a)1.j, Florida Statutes (Supp.1996) (hydrocodone listed in Schedule II), and 893.03(3)(c)4 (hydrocodone listed in Schedule III). This is because "[l]egislative intent must be determined primarily from the language of the statute." Overstreet v. State, 629 So.2d 125, 126 (Fla.1993). Although it has been asserted that the appellate courts' differing interpretations of section 893.135(1)(c)1 alone render the statute ambiguous, see Dial, 730 So.2d at 813 (Klein, J., specially concurring), we find that a "strict construction" of these criminal statutes, as is mandated by section 775.021(1), Florida Statutes (1995), supports the interpretation given by the First District and Second District....

...Thus, because the total aggregate weight of the forty tablets exceeded four grams, the State argues *5 Hayes was properly charged under the statute. [4] However, this Court must be guided primarily by the statutory language employed when determining the legislative intent. See Overstreet, 629 So.2d at 126. Thus, we return to section 893.135(1)(c)1, the drug trafficking statute in this case, to determine if it contains language authorizing the construction urged by the State and adopted by the Fourth and Fifth Districts....

...According to the language of the statute at issue here, possession of "4 grams or more of any ... hydrocodone... as described in s. 893.03(1)(b) [Schedule I] or (2)(a) [Schedule II], or 4 grams or more of any mixture containing any such substance" is punishable under the trafficking statutes. § 893.135(1)(c)1 (emphasis supplied)....

...cking statute to only those drugs described in Schedule I or Schedule II. Therefore, the drug trafficking statute prohibits the possession of 4 grams or more of any Schedule I or II drug "or 4 grams or more of any mixture containing such substance." § 893.135(1)(c)1 (emphasis supplied)....

...with a strict construction of the applicable statutes. We hold that because the Lorcet tablets in this case contain less than fifteen milligrams of hydrocodone per dosage unit, the Lorcet tablets Hayes possessed are Schedule III substances. Because section 893.135(1)(c)1 prohibits the unlawful possession of any Schedule I or Schedule II drug, or any mixture containing a Schedule I or Schedule II drug, that section does not apply to Hayes' actions in this case....

...Weekly D2419, ___ So.2d ___, 1998 WL 746142 (Fla. 4th DCA Oct.28, 1998), review granted, 741 So.2d 1136 (Fla. 1999); Potts v. State, 710 So.2d 1387 (Fla. 5th DCA), review granted, 727 So.2d 909 (Fla. 1998), which are all pending before this Court on the same conflict issue. [2] We recognize that section 893.135(1)(c), Florida Statutes (1993), the statute at issue in State v....

...onduct "unquestionably" demonstrated premeditation. [20] The State attempted to establish at trial that Brooks committed the offense of trafficking in 28 or more grams, but less than 150 kilograms, of cocaine or a mixture of cocaine, in violation of section 893.135(1)(b)1., Florida Statutes (1995)....

...A reasonable doubt as to the guilt of the defendant may arise from the evidence, conflict in the evidence or the lack of evidence. If you have a reasonable doubt, you should find the defendant not guilty. If you have no reasonable doubt, you should find the defendant guilty. (2) TRAFFICKING IN COCAINE F.S. 893.135(1)(b) [Amended] Certain drugs and chemical substances are by law known as "controlled substances." Cocaine or any mixture containing cocaine is a controlled substance....

...(Defendant) knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance. 2. The substance was [cocaine] [a mixture containing cocaine]. 3. The quantity of the substance involved was 28 grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...[possess] (specific substance alleged). 4. (Defendant) knew that the substance was [cocaine] [a mixture containing cocaine]. See State v. Dominguez, 509 So.2d 917 (Fla. 1987) Note to Judge If applicable under the facts of the case and pursuant to F.S. 893.135(2), the following bracketed language should be given instead of element 4 above....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold cocaine, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an *87 enumerated controlled substance in F.S. 893.135 (i)), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cocaine or a mixture containing cocaine.] Definitions; give as applicable Sell "Sell" means to transfer or deliver something to another per...

...[The quantity of the substance involved was 200 grams or more but less than 400 grams.] c. [The quantity of the substance involved was 400 grams or more but less than 150 kilograms.] d. [The quantity of the substance involved was 150 kilograms or more but less than 300 kilograms.] TRAFFICKING IN CANNABIS F.S. 893.135(1)(a) [Amended] Certain drugs and chemical substances are by law known as "controlled substances." Cannabis is a controlled substance....

...(Defendant) knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance. 2. The substance was cannabis. 3. The quantity of the cannabis involved was in excess of 100 50 pounds. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...(Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (specific substance alleged). See State v. Dominguez, 509 So.2d 917 (Fla. 1987) 4. (a) (Defendant) knew that the substance was cannabis. Note to Judge If applicable under the facts of the case and pursuant to F.S. 893.135(2), the following bracketed language should be given instead of element 4 above....

...For example, if it is alleged that the defendant intended to sell heroin, but actually sold cannabis, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in F.S. 893.135 (l)), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] cannabis.] [Except for the last paragraph, the remaining paragraphs of this instruction are identical to the corresponding paragraphs of the Trafficking in Cocaine instruction....

...[The quantity of the substance involved was in excess of 100 50 pounds but less than 2,000 pounds.] b. [The quantity of the substance involved was 2,000 pounds or more but less than 10,000 pounds.] c. [The quantity of the substance involved was 10,000 pounds or more.] TRAFFICKING IN PHENCYCLIDINE F.S. 893.135(1)(d) [Amended] [Except for the name of the controlled substance and except for the last paragraph, this instruction is identical to the Trafficking in Cocaine instruction....

...[The quantity of the substance involved was in excess of 28 grams but less than 200 grams.] b. [The quantity of the substance involved was 200 grams or more but less than 400 grams.] c. [The quantity of the substance involved was 400 grams or more but less than 800 grams.] TRAFFICKING IN METHAQUALONE F.S. 893.135(1)(e) [Amended] [Except for the name of the controlled substance and except for the last paragraph, this instruction is identical to the Trafficking in Cocaine instruction....

...[The quantity of the substance involved was in excess of 200 grams but less than 5 kilograms.] b. [The quantity of the substance involved was 5 kilograms or more but less than 25 kilograms.] c. [The quantity of the substance involved was 25 kilograms or more but less than 50 kilograms.] TRAFFICKING IN ILLEGAL DRUGS F.S. 893.135(1)(c) [Amended] [Except for the name of the controlled substance and except for the last paragraph, this instruction is identical to the Trafficking in Cocaine instruction....

...additional instruction may be required. See State v. Medlin, 273 So.2d 394 (Fla. 1973). 2. Note F.S. 893.13(1)(f)(g) if the charge involves possession or delivery without consideration of not more than 20 grams of cannabis. TRAFFICKING IN CANNABIS F.S. 893.135(1)(a) Certain drugs and chemical substances are by law known as "controlled substances." Cannabis is a controlled substance....

...(Defendant) knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance 2. The substance was cannabis. 3. The quantity of the cannabis involved was in excess of 100 pounds. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...[The quantity of the substance involved was in excess of 100 pounds but less than 2,000 pounds.] b. [The quantity of the substance involved was 2,000 pounds or more but less than 10,000 pounds.] c. [The quantity of the substance involved was 10,000 pounds or more.] TRAFFICKING IN COCAINE F.S. 893.135(1)(b) Certain drugs and chemical substances are by law known as "controlled substances." Cocaine or any mixture containing cocaine is a controlled substance....

...(Defendant) knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance 2. The substance was [cocaine] [a mixture containing cocaine]. 3. The quantity of the substance involved was 28 grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...[The quantity of the substance involved was in excess of 28 grams but less than 200 grams.] b. [The quantity of the substance involved was 200 grams or more but less than 400 grams.] c. [The quantity of the substance involved was 400 grams or more.] TRAFFICKING IN ILLEGAL DRUGS F.S. 893.135(1)(c) Certain drugs and chemical substances are by law known as "controlled substances." (specific substance alleged) is a controlled substance....

...nce *1224 2. The substance was [specific substance alleged).] [a mixture containing (specific substance alleged)]. 3. The quantity of the substance involved was four grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...involved was in excess of 4 grams but less than 14 grams.] b.[The quantity of the substance involved was 14 grams or more but less than 28 grams.] c.[The quantity of the substance involved was 28 grams or more.] *1225 TRAFFICKING IN PHENCYCLIDINE F.S. 893.135(1)(d) Certain drugs and chemical substances are by law known as "controlled substances." Phencyclidine or any mixture containing phencyclidine is a controlled substance....

...rida] [possessed] a certain substance 2. The substance was [phencyclidine] [a mixture containing phencyclidine]. 3. The quantity of the phencyclidine involved was 28 grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...[The quantity of the substance involved was in excess of 28 grams but less than 200 grams.] b. [The quantity of the substance involved was 200 grams or more but less than 400 grams.] c. [The quantity of the substance involved was 400 grams or more.] TRAFFICKING IN METHAQUALONE F.S. 893.135(1)(e) Certain drugs and chemical substances are by law known as "controlled substances." Methaqualone or any mixture containing methaqualone is a controlled substance....

...lorida] [possessed] a certain substance 2. The substance was [methaqualone] [a mixture containing methaqualone]. 3. The quantity of the methaqualone involved was 200 grams or more. Note to Judge If applicable, the judge should instruct the jury on F.S. 893.135(2)....

...ery, possession None Attempt, except when with intent to delivery is charged deliver, or manufacture with intent to deliver drug paraphernalia — 893.147(2) Delivery of drug None None paraphernalia to a minor — 893.147(3) Trafficking in cannabis — 893.135(1)(a) None [*********] Attempt, except when delivery is charged 893.13(1)(a) if sale, manufacture or delivery is charged Bringing cannabis into state — 893.13(1)(d) Possession of cannabis — 893.13(1)(e)(f) Possession or delivery of cannabis — 893.13(1)(f)(g) Trafficking in cocaine None [*********] Attempt, except when — 893.135(1)(b) delivery is charged 893.13(1)(a) if sale, manufacture or delivery is charged Bringing cocaine into state — 893.13(1)(d) Possession of cocaine — 893.13(1)(e)(f) Trafficking in illegal None [*********] Attempt, except when drugs — 893.135(1)(c) delivery is charged 893.13(1)(a) if sale, manufacture or delivery is charged Bringing same illegal drug as charged into state — 893.13(1)(d) Possession of same illegal drug — 893.13(1)(e)(f) Trafficking in None [*********] Attempt, except when phencyclidine delivery is charged — 893.135(1)(d) 893.13(1)(a) if sale, manufacture or delivery is charged Bringing phencyclidine into state — 893.13(1)(d) Possession of phencyclidine — 893.13(1)(e)(f) Trafficking in None [*********] Attempt, except when methaqualone delivery is charged — 893.135(1)(d) *1242 893.13(1)(a) if sale, manufacture or delivery is charged Bringing methaqualone into state — 893.13(1)(d) Possession of methaqualone — 893.13(1)(e)(f) Contraband — 951.22 None The nature of the contraband may give rise to misdemeanor, lesser included offenses See Cooper v....

...4th DCA 1992) (Farmer, J., dissenting), approved in part, quashed in part, 626 So.2d 1364 (Fla.1993). The legislature, by inserting the word "knowingly," expressly included guilty knowledge as a core ingredient in the drug trafficking offenses. Id. at 114; see § 893.135, Fla....

...Thus, while unfortunate, the decision in Schriro only reaffirms the importance of Florida's independent consideration of retroactivity under Witt. [14] See, e.g., State v. Klayman, 835 So.2d 248, 254 (Fla.2002) (holding that decision in Hayes v. State, 750 So.2d 1, 5 (Fla.1999), which held that section 893.135(1)(c)(1), Florida Statutes (Supp.1996), was only intended to apply to Schedule I and II drugs, warranted retroactive application); Ferguson v....

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

...[11] This Court's decision in State v. Benitez, 395 So.2d 514 (Fla.1981), cited in the dissenting opinion at 359, is not inconsistent with this conclusion. In Benitez, the Court addressed a separation of powers challenge to a drug trafficking statute (section 893.135, Florida Statutes) which established severe mandatory minimum sentences for trafficking in various types of illegal drugs, prevented the trial court from suspending, deferring or withholding the adjudication of guilt or the imposition...

...court for further proceedings. Patrick Weller was arrested in an undercover drug investigation and charged with two offenses. First, he was accused of committing the first-degree felony of trafficking in 400 grams or more of cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1983). This offense carries a minimum mandatory sentence of fifteen calendar years and a fine of $250,000. Id. Second, he was charged with the separate first-degree felony of conspiracy to traffic in 400 grams or more of cocaine in violation of section 893.135(4), Florida Statutes (1983) — a crime that also carries a fifteen-year minimum mandatory sentence and a fine of $250,000....

...(a), 777.04(3), Fla. Stat. (1983); (2) the first-degree felony of conspiracy to traffic in cocaine in amounts less than 400 grams but more than 200 grams (which carries a minimum mandatory sentence of five calendar years and a fine of $100,000), see § 893.135(1)(b)(2), Fla. Stat. (1983); and (3) the first-degree felony of conspiracy to traffic in cocaine in amounts less than 200 grams but more than twenty-eight grams (which carries a minimum mandatory sentence of three calendar years and a fine of $50,000). [1] See § 893.135(1)(b)(1), Fla....

...minal offense, to-wit: Trafficking in Cocaine, ... in that the said Carlos Girardo Gomez and Patrick David Weller did conspire, combine, agree, or confederate to deliver Cocaine ... in an amount of four hundred (400) grams or more, ... contrary to F.S. 893.135(4), F.S. 893.135(1)(b)(3), F.S....

...minimum penalties, despite their shared status as first-degree felonies. As noted earlier, Florida law provides for a greater mandatory minimum sentence and a greater fine, determined by the quantity of the substance involved in the offense. Compare § 893.135(1)(b) with § 893.135(4), Fla....

...Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 calendar years and to pay a fine of $100,000. 3. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and to pay a fine of $250,000. § 893.135(1)(b), Fla....

...ilty. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 1981 and amended in 1989, and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.9 TRAFFICKING IN CANNABIS § 893.135(1)(a), Fla....

...The quantity of the cannabis involved was [in excess of 25 pounds] [300 or more of cannabis plants]. See State v. Dominguez, 509 So.2d 917 (Fla.1987) . 4. (Defendant) knew that the substance was cannabis. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin, but actually sold cannabis, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...er depending on the amount of cannabis involved. Therefore, iIf you find the defendant guilty of tTrafficking in cCannabis, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that: Enhanced penalty. See § 893.135(1)(a)1.-3., Fla....

...[The quantity of the substance involved was [10,000 pounds or more.] [10,000 or more cannabis plants.]] Lesser Included Offenses ------------------------------------------------------------------------------------------------- TRAFFICKING IN CANNABIS — 893.135(1)(a) ------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of cannabis 893.135(1)(a)1 and 2 25.9 ------------------------------------------------------------------------------------------------- Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 --------------------------------------------------...

...--------------------------------- Comment This instruction was adopted in 1981 and amended in 1987 [509 So.2d 917], 1989 [543 So.2d 1205], and 1997 [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.10 TRAFFICKING IN COCAINE § 893.135(1)(b), Fla....

...The quantity of the substance involved was 28 grams or more. See State v. Dominguez, 509 So.2d 917 (Fla.1987) . *263 4. (Defendant) knew that the substance was [cocaine] [a mixture containing cocaine]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold cocaine, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...s.] d. [The quantity of the substance involved was 150 kilograms or more. but less than 300 kilograms.] Lesser Included Offenses ---------------------------------------------------------------------------------------------- TRAFFICKING IN COCAINE — 893.135(1)(b)1 & 2 ---------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ---------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of cocaine 893.135(1)(b)1 25.10 ---------------------------------------------------------------------------------------------- Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 ----------------------------------------------------------...

...---- Comment This instruction was adopted in 1981 and amended in 1985 [477 So.2d 985], 1987 [509 So.2d 917], 1989 [543 So.2d 1205], and 1997, [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.11 TRAFFICKING IN ILLEGAL DRUGS § 893.135(1)(c), Fla....

...(Defendant) knew that the substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [ (specific substance alleged)]]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...[The quantity of the substance involved was 28 grams or more but less than 30 kilograms.] d. [The quantity of the substance involved was 30 kilograms or more.] Lesser Included Offenses -------------------------------------------------------------------------------------------------- TRAFFICKING IN ILLEGAL DRUGS — 893.135(1)(c)1 and 2 -------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. -------------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of illegal drugs 893.135(1)(c)1 25.11 -------------------------------------------------------------------------------------------------- Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 ------------------------------------------------------...

...*268 Comment This instruction was adopted in 1981 and amended in 1985 [477 So.2d 985], 1987 [509 So.2d 917], 1989, [543 So.2d 1205], and 1997 [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.12 TRAFFICKING IN PHENCYCLIDINE § 893.135(1)(d), Fla.Stat....

...The quantity of the substance involved was 28 grams or more. See State v. Dominguez, 509 So.2d 917 (Fla.1987) . 4. (Defendant) knew that the substance was [phencyclidine] [a mixture containing phencyclidine]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold phencyclidine, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...[The quantity of the substance involved was 400 grams or more.] but less than 800 grams.] Lesser Included Offenses ----------------------------------------------------------------------------------------------------- TRAFFICKING IN PHENCYCLIDINE — 893.135(1)(d) ----------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ----------------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of phencyclidine 893.135(1)(d)1.a and b 25.9 ------------------------------------------------------------------------------------------------------ Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 -------------------------------------------...

...---------------------------- Comment This instruction was adopted in 1981 and amended in 1987 [509 So.2d 917], 1989 [543 So.2d 1205], and 1997 [697 So.2d 84], and 2007. See also SC03-629 [869 So.2d 1205 (Fla.2004)]. 25.13 TRAFFICKING IN METHAQUALONE § 893.135(1)(e), Fla....

...The quantity of the substance involved was 28 200 grams or more. See State v. Dominguez, 509 So.2d 917 (Fla.1987) . *271 4. (Defendant) knew that the substance was [methaqualone] [a mixture containing methaqualone]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla....

...For example, if it is alleged that the defendant intended to sell heroin but actually sold methaqualone, the alternate element 4 would be given. [4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla.Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] methaqualone or a mixture containing methaqualone.] Definitions....

...[The quantity of the substance involved was 25 kilograms or more.] but less than 50 kilograms.] Lesser Included Offenses ----------------------------------------------------------------------------------------------------- TRAFFICKING IN METHAQUALONE — 893.135(1)(e)1 ----------------------------------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ----------------------------------------------------------------------------------------------------- Trafficking offenses requiring lower quantities of methaqualone 893.135(1)(e)1.a and b 25.13 ----------------------------------------------------------------------------------------------------- *273 Attempt (but not conspiracy), except when delivery is charged 777.04(1) 5.1 --------------------------------------...

...In 1997, James was convicted in a Florida state court of attempted burglary of a dwelling, in violation of Florida Statute §§ 810.02 and 777.04. In 1998, James was convicted in Florida state court of trafficking in illegal drugs in violation of Florida Statute § 893.135....

...essing with intent to manufacture or distribute, a controlled substance . . . , for which a maximum term of imprisonment of ten years or more is prescribed by law.” § 924(e)(2)(A)(ii). The Florida Statute under which James was convicted, section 893.135(1)(b)(1)(b), reads as follows: Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive...

...Under Florida law, those three tiers are the following: (1) possession of any amount of a controlled substance, Fla. Stat. § 893.13(6)(a); (2) possession with intent to distribute a controlled substance, § 893.13(1)(a); and (3) trafficking in cocaine by possession of 28 grams or more of the drug, § 893.135(1)(b)....

...8 of drugs that the defendant possessed, and the sentence imposed increases accordingly. See id. James was convicted under this third tier for possession of between 200 and 400 grams of cocaine. Fla. Stat. § 893.135(1)(b)(1)(b). Florida’s three-tiered system for punishing drug crimes is nearly identical to Georgia’s three-tiered scheme....

...Nevertheless, Hunter is still important in the evolving development of entrapment law in Florida given its application of the Cruz entrapment test and related due process considerations. In Hunter, Ron Diamond, a convicted drug-trafficker facing fifteen years in prison, sought a sentence reduction or suspension under section 893.135(3), Florida Statutes (1985), which statute allowed the prosecutor to request a sentence reduction for a defendant who provided substantial assistance in obtaining the conviction of others....

...statute, to consider subsequent legislation." Gay v. Canada Dry Bottling Co. of Florida, 59 So.2d 788, 790 (Fla. 1952). The subsequent legislative history of the act buttresses our interpretation thereof. Chapter 79-1, Laws of Florida, 1979, enacted section 893.135, Florida Statutes (1979), which provides that anyone "who is knowingly in actual or constructive possession of, in excess of 100 pounds of cannabis is guilty of a felony of the first degree." Such bears out respondent's observation that the legislature intends that more severe *1093 penalties be imposed upon those possessing large quantities of cannabis. Petitioner counters that section 893.135, Florida Statutes (1979), did nothing to resolve the question here, because it did not resolve the conflicting provisions of section 893.13 regarding possession and possession with intent, and that section 893.13(1)(e), Florida Statutes, would still control in a "mere possession" situation. Chapter 80-70, Laws of Florida, 1980, however, eliminated any such confusion the following year. It amended section 893.135 to provide that those possessing over 100 pounds of cannabis are guilty of a first-degree felony "notwithstanding the provisions of s....

...Joseph Beeler, and Brian Richard McComb, Miami, for appellees. Philip Carlton, Jr. of the Law Offices of Philip Carlton, Jr., Miami, for Daniel Cowgill, amicus curiae. ENGLAND, Justice. This case comes to us on direct appeal from a trial court order determining that section 893.135, Florida Statutes (1979) — Florida's newly-enacted "drug trafficking" statute — is unconstitutional. After Carlos and Esperanza Benitez attempted to sell one kilo of cocaine to undercover narcotics agents for $44,000, they were charged by information with "trafficking in cocaine" in violation of section 893.135. In ruling on motions to dismiss the charges, the trial court entered a lengthy order declaring section 893.135 to be facially invalid on a multiplicity of grounds. The state appeals that order, urging error in each of the trial court's rulings. Section 893.135 is a unique response to a serious and growing concern of the legislature regarding illegal drug activities in the State of Florida....

...nitiative of the prosecuting attorney, by permitting the court to reduce or suspend a sentence if a convicted defendant is willing to cooperate with law enforcement authorities in the detection or apprehension of others involved in drug trafficking. Section 893.135 was enacted to assist law enforcement authorities in the investigation and prosecution of illegal drug trafficking at all levels of distribution, from the importer-organizer down to the "pusher" on the street....

...We in the judiciary do not have that luxury. Indeed, the trial judge's extensive and detailed order exhibits the multiple, serious difficulties which this statute poses under well-established constitutional principles. We discern six major challenges to the constitutionality of section 893.135, one directed at the mandatory penalties and five directed at the escape valve in subsection (3)....

...ons of a statute which have nothing to do with their prosecution. See State v. Millington, 377 So.2d 685 (Fla. 1979); State v. Champe, 373 So.2d 874 (Fla. 1978). 2. Cruel and Unusual Punishment Appellees argue that the mandatory minimum sentences of section 893.135(1) violate the cruel and unusual punishment clauses of the state [1] and federal [2] constitutions....

...tionally eliminate the exercise of discretion in sentencing. This argument was rejected by *518 this Court in McArthur v. State, 351 So.2d 972 (Fla. 1977), and warrants no further discussion here. Appellees also argue that the mandatory sentences in section 893.135 constitute cruel and unusual punishment since they are unnecessarily severe and disproportional to the nature of the crime....

...punishable by significant terms of imprisonment in a state penitentiary, the length of the sentence actually imposed is purely a matter of legislative prerogative. Id., 445 U.S. at 273, 100 S.Ct. at 1139 (footnote omitted). The penalties imposed by section 893.135 are certainly severe, but they are by no means cruel and unusual in light of their potential deterrent value and the seriousness of the crime involved....

...The statute differs from these rules, of course, but it in no way so conflicts with them as to offend the constitution. Rule 3.800(b) permits the reduction of legal sentences, yet since it specifically excludes minimum mandatory sentences from its operation, its procedures obviously are not incompatible with section 893.135. Likewise, Rules 3.720(b) and 3.171 do not pose any obstacle to the operation of section 893.135....

...v. Eason, 40 N.Y.2d 297, 301, 386 N.Y.S.2d 673, 676, 353 N.E.2d 587, 589 (1976) (emphasis in original) (rejecting a separation of powers attack on a similar provision in New York's drug laws). 6. Self-incrimination Finally, the appellees argue that section 893.135 coerces a defendant into relinquishing his fifth amendment privilege against self-incrimination by denying him sentencing leniency unless he cooperates with the authorities....

...incarcerated who, even without statutory sanction, risks reincrimination in exchange for early release benefits. Our disposition of appellees' challenges obviates the need to consider the severability of subsection (3) from the statute. We hold that section 893.135 is constitutional....

...NOTES [1] In Heggs, this Court held that the act containing the 1995 sentencing guidelines was unconstitutional because it violated the single subject rule. 759 So.2d at 630. [2] Florida Rule of Criminal Procedure 3.702(d)(14) provides: If the primary offense is drug trafficking under section 893.135, the subtotal sentence may be multiplied, at the discretion of the sentencing court, by a factor of 1.5....

...Leaving his own car, Brooks approached and entered the vehicle of the undercover officer. At the prearranged cue, Dominguez said he took the package and handed it to the undercover officer. At this time, he was arrested and charged with trafficking in cocaine, a violation of section 893.135(1)(b), Florida *918 Statutes (1985)....

...true when the defendant asserts no knowledge of the nature of the substance. To the contrary, we specifically stated in Way that knowledge of the nature of the substance possessed is an essential element to the crime of trafficking in cocaine under section 893.135(1)(b)1....

...The statute requires "knowing" possession of cocaine and, therefore, lack of knowledge that the substance is cocaine would be a defense. Id. at 240-41. We note that, under our statute, mens rea is an essential element of all trafficking offenses. See § 893.135, Fla....

...with crimes arising from drug trafficking. To each of those instructions, we add a fourth element: 4. (Defendant) knew the substance was (specific substance alleged). This addition is applicable to instructions dealing with the following crimes: (1) section 893.135(1)(a), Florida Statutes (trafficking in cannabis); (2) section 893.135(1)(b), Florida Statutes (trafficking in cocaine); (3) section 893.135(1)(c), Florida Statutes (trafficking *919 in illegal drugs); (4) section 893.135(1)(d), Florida Statutes (trafficking in phencyclidine); and (5) section 893.135(1)(e), Florida Statutes (trafficking in methaqualone)....

...Thus, while unfortunate, the decision in Schriro only reaffirms the importance of Florida's independent consideration of retroactivity under Witt. [21] See, e.g., State v. Klayman, 835 So.2d 248, 254 (Fla.2002) (holding that decision in Hayes v. State, 750 So.2d 1 (Fla.1999), which held that section 893.135(1)(c)(1), Florida Statutes (Supp.1996), was only intended to apply to Schedule I and II drugs, warranted retroactive application); Ferguson v....

...Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. On May 9, 2000, Rebecca Taylor trafficked in 14 or more but less than 28 grams of methamphetamine, violating section 893.135(1)(f)(1)(a), Florida Statutes (1999)....

...She was charged with the crime, and in January 2001 she entered an open plea of no contest. At her sentencing hearing, she argued that the court should not impose a three-year minimum mandatory prison term because chapter 99-188, Laws of Florida, which amended section 893.135 to impose that penalty for her crime, violated the single subject rule contained in Florida's constitution....

...1998), to add minimum mandatory terms for assault and battery on certain public employees; section 5 adds a minimum mandatory term for a conviction of assault or battery on a person sixty-five years of age or older under section 784.08, Florida Statutes (1997); section 9, which affected Taylor's sentence, amends section 893.135, Florida Statutes (1997), to require minimum mandatory sentences for trafficking in certain amounts of illegal drugs; section 10 conforms numerous statutes to the amendment made in section 9 of the act; and section 12 requires the gov...

...s, and for that reason it held that the Scanlan exception did not apply. [5] Id. at 671. Accordingly, we have examined the 2000 and 2001 [6] legislative amendments to the statutes affected by chapter 99-188, particularly focusing on the revisions to section 893.135 under which Taylor was sentenced. Chapter 2000-320, section 4, at 3490-99, Laws of Florida, amended numerous subsections and subparagraphs of section 893.135, deleting language that required sentencing "pursuant to the Criminal Punishment Code" and inserting language providing instead that the crimes are "punishable as provided in s....

...775.084." Chapter 2000-320, section 4, also added new penalties for trafficking in gamma-hydroxybutyric acid, 1,4-Butanediol and other listed substances. Importantly, though, chapter 2000-320 did not change the minimum mandatory terms imposed in chapter 99-188. In 2001, the legislature again amended section 893.135....

...mma-hydroxybutyric acid. Ch.2001-55, § 2, at 358-67, Laws of Fla.; ch.2001-57, § 7, at 399-403, Laws of Fla. As in Salters, these revisions were amendments to the statute, not reenactments of it. [7] Therefore, the 2000 and 2001 amendments *552 to section 893.135 did not close the window for Taylor's single subject challenge to chapter 99-188....

...Sentencing Guidelines is what we must apply, we find persuasive support in the Florida statute defining a “trafficking” offense under Florida law, which limits trafficking offenses to those involving 28 grams or more of cocaine. See Fla. Stat. § 893.135(1)(b) (2005)....

...We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution, and quash Hunter. The chief prosecution witness in the instant case, Ron Diamond, had been convicted of drug trafficking and sentenced to fifteen years in prison and a $250,000 fine. Diamond sought a sentence reduction under subsection 893.135(3), Florida Statutes (1985), which provided in pertinent part that a prosecutor can request that the sentencing court reduce or suspend a sentence for drug trafficking if the defendant "provides substantial assistance in the identific...

...The trial court had no authority to keep Diamond out of jail and reduce his lawful sentence five months after it imposed sentence. See Fla.R.Crim.P. 3.800(b) (a trial court may modify a legal sentence within sixty days after imposing sentence); see also § 893.135(2), Fla....

...[3] The controlling statute in effect in this case provided that the state may move to reduce or suspend the sentence of a defendant who provides "substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principles." § 893.135(3), Fla....

...antial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principles or of any other person engaged in trafficking in controlled substances." Ch. 87-243, § 5, Laws of Fla. (codified at § 893.135(4), Fla....

...could only be corrected by appeal. Because no appeal was taken in this case, the increased sentence must be vacated and the initial sentence reinstated. Gartrell also contends that the State failed to present any evidence on the knowledge element of section 893.135(1)(b), Florida Statutes (1989), and thus her conviction for trafficking in cocaine should be overturned. Section 893.135(1)(b) provides that "[a]ny person who ......

...lature did not intend the charge of trafficking in cocaine to encompass possession and sale as lesser included offenses. Rotenberry was charged, convicted, and sentenced for violation of three statutes, towit sections 893.13(1)(a), 893.13(1)(e), and 893.135(1)(b), Florida Statutes (1981)....

...and possession of illegal drugs [893.13(1)(e)]. Also it has been determined that another offense, trafficking in illegal drugs, is committed when either or both of the offenses of sale or possession of a certain amount of illegal drugs is effected [§ 893.135]....

...To prove violation of 893.13(1)(e) requires proof that the offender (1) possessed, actually or constructively, (2) a controlled substance. We note parenthetically that section 893.13(1)(d) makes it an offense to bring a controlled substance into this state. Clearly, section 893.135(1)(b), defining the crime of trafficking in cocaine, provides for an elevated penalty, a mandatory minimum sentence and fine, where an offender has violated one or more of three subsections of 893.13(1) and where the drug involved was twenty-eight grams or more of cocaine....

...This is just a poor way of saying that the test is an abstract test and that two statutory offenses are not "the same offense" if each statutory offense has at least one constituent element that the other does not. (Emphasis in original.) We have such a case before us here. Section 893.135 is sufficiently different *977 from the provisions of section 893.13 to allow multiple punishments at the same trial because the state need not prove a violation of 893.13(1)(a), (d), and (e), but only violation of at least one of those provisions....

...l or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 893.135(1)(b) provides: Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s....

...In order for appellant to be convicted of her charged offenses, the state must prove beyond a reasonable doubt that appellant knowingly purchased and /or possessed a certain substance, knew the substance was cocaine or a mixture containing cocaine and conspired with the person trafficking in cocaine. § 893.135(1), Fla....

...Whitson, 597 F.3d 1218, 1220 (11th Cir. 2010). 2 or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine . . . , commits a felony of the first degree, which felony shall be known as ‘trafficking in cocaine[.]’” Fla. Stat. § 893.135(1)(b)1....

...n.2 Indeed, the statute provides that “[a]ny person who knowingly . . . purchases . . . , or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine . . . , commits a felony of the first degree . . . .” Fla. Sta. § 893.135(1)(b)1. (emphasis added)....

...It is clear that U.S.S.G. § 4B1.2(b)’s definition of “controlled substance offense” -- which includes the possession of a controlled substance with intent to distribute but not the purchase thereof -- and Florida case law interpreting Florida Statute § 893.135(1)(b) compel the result in this case -- namely, that Roye’s conviction for trafficking in cocaine, which we must assume was for the purchase of 28 grams or more of cocaine, does not constitute a “controlled substance offense” justifying career offender status....

...Stat. § 893.13(6)(a); (2) possession with intent to distribute a controlled substance, § 893.13(1)(a); and (3) trafficking in cocaine by possession 7  of 28 grams or more of the drug, § 893.135(1)(b).1 Under this third tier, trafficking in cocaine is further delineated according to the amount of drugs that the defendant possessed, and the sentence imposed increases accordingly. Id....

...Although in James we only mentioned trafficking by possession, Florida’s “trafficking in cocaine” statute can also be violated by selling, purchasing, manufacturing, delivering, or importing 28 grams or more of cocaine. See Fla. Stat. § 893.135(1)(b)1. 8  Second, if we had had before us all of the relevant Shepard documents in this case, we almost surely would have been able to determine conclusively which prong of Florida�...

...Even following this approach, however, the two Shepard documents the government submitted -- namely, the information and the plea agreement -- do not resolve the ambiguity in Roye’s conviction. Count 1 of the information simply tracks the disjunctive language of Florida Statute § 893.135(1)(b) in stating that “[o]n March 26, 1996, [Roye] did unlawfully and knowingly sell, purchase, manufacture, deliver, or was knowingly in actual or constructive possession of more than More than [sic] 28 grams of Cocaine, a controlled substance defined in Section 893.03, contrary to Section 893.135.”3 DE 37-5....

...The importance of fully understanding the factual basis underlying Roye’s no contest plea is further underscored by the counterintuitive way in which Florida’s courts have interpreted the purchase and possession prongs of Florida Statute § 893.135(1)(b)....

...Florida’s intermediate appellate courts. See Galindo v. ARI Mut. Ins. Co., 203 F.3d 771, 775 (11th Cir. 2000). In Ras v. State, 610 So.2d 24 (Fla. Dist. Ct. App. 1992), the Second District Court of Appeals made clear that violation of the purchase prong of Florida Statute § 893.135(1)(b) does not necessarily imply violation of that statute’s possession prong....

...peal affirmed per curiam. Gibbs subsequently filed a pro se petition for writ of habeas corpus, which the Fourth District granted to the extent that it permitted Gibbs to argue that his dual convictions and sentences for trafficking possession under section 893.135(1)(b), Florida Statutes (1989), [1] and simple possession under section 893.13(1)(f), Florida Statutes (1989), [2] violated his right under the Fifth Amendment of the United States Constitution not to be placed in double jeopardy....

...tional issue: How is the comparative elements analysis made when a statute prohibits alternative types of conduct? The trafficking statute prohibits the potential alternatives of selling, purchasing, delivering, bringing into Florida, or possessing. § 893.135, Fla....

...We remand to the district court for further proceedings in accord with this decision. We decline to address the other issues raised in the briefs which are unrelated to the certified question. It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur. NOTES [1] Section 893.135(1)(b), Florida Statutes (1989), provides in relevant part: 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 ......

...was discussed in her presence. The other issue the appellant raises concerns his sentence as an habitual felony offender for trafficking in cocaine. He is correct that the trial court erred in sentencing him as an habitual offender for violation of section 893.135(1)(b)1.a., Florida Statutes (1999)....

...The amendments do not apply to the case sub judice inasmuch as their effective date was July 1, 1984. See Chapter 84-328, Laws of Florida. But the result would be the same even under the amended Rule. [2] "Trafficking in cannabis" requires in excess of 100 pounds. Section 893.135(1)(a), Florida Statutes.

...HUBBART, Judge. The central question presented for review is whether the state presented a prima facie case that the defendant had in his actual possession twenty-eight grams or more of cocaine — and was thus guilty of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1985) — upon evidence adduced at trial which showed that (1) a total of ninety-two (92) separately wrapped plastic packets of white powder were seized by the police from the defendant's person, (2) only two (...

...e defendant, and concluded that these packets contained cocaine. Without dispute, the total weight of these two plastic packets was considerably less than twenty-eight grams — the statutory weight required for the offense of trafficking in cocaine. § 893.135(1)(b), Fla....

...tal of 38.8 grams. He also stated at trial that the white powdery substance contained in all ninety-two (92) plastic packets looked alike from a visual inspection. The defendant was thereafter charged by information with trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1985), before the Circuit Court in Dade County, Florida....

...The defendant subsequently moved the court for a new trial or, in the alternative, to reduce the conviction to the lesser included offense of simple possession of cocaine. The trial court denied the motion and sentenced the defendant to three and one-half years imprisonment. This appeal follows. II Section 893.135(1)(b), Florida Statutes (1985), makes trafficking in cocaine a first-degree felony as follows: "Any person who knowingly sells, 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....

...Kaludis, 146 Ill. App.3d 888, 497 N.E.2d 360, 364 (1986) (appeal denied Dec. 4, 1986). III Turning now to the instant case, we have no difficulty in concluding that the *1241 state failed to establish a prima facie case of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1985)....

PER CURIAM: The petitioner-appellants, Howard Owen, Harold Owen and Terry Wayne Barnhill pled nolo contendere in the Florida Circuit Court to the charge of trafficking in cannabis in violation of Fla.Stat. § 893.135(l)(a) (1981)....

...They were all placed under arrest after the discovery of the subject marijuana. The defendants were subsequently charged in a two-count information with: (1) possession of marijuana with intent to sell [§ 893.13(1)(a), Fla. Stat. (1979)]; and (2) trafficking in marijuana [§ 893.135, Fla....

...Blostein, Fort Lauderdale, for appellee Miller. Ronald K. Cacciatore, Tampa, for appellee Harris. Rehearing Denied July 23, 1981 (58,674). ALDERMAN, Justice. These cases are before us on direct appeal to review orders of the trial courts granting the defendants' motions to dismiss and holding section 893.135, Florida Statutes (1979), unconstitutional....

...We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution (1972). We resolved all of the constitutional issues presented by these appeals, with the exception of one, in State v. Benitez, 395 So.2d 514 (Fla. 1981), wherein we upheld the validity of section 893.135. We, however, did not address the issue of whether section *764 893.135(1)(b), prohibiting the sale or possession of "28 grams or more of cocaine or any mixture containing cocaine, as described in s....

...In the appealed orders, the trial courts held that penalizing possession of a certain amount of "any mixture containing cocaine" without regard to the percentage of cocaine in the mixture is arbitrary, unreasonable, and a violation of due process and equal protection of the law. We disagree and uphold section 893.135 against these challenges....

...Recognizing that heroin and cocaine at least are generally marketed in a diluted or impure state, the court stated that the legislature's rationale for striking at the mixture or compound was evident. We agree and find this rationale applicable to section 893.135(1)(b)....

...The legislature has broad discretion in determining necessary measures for the protection of the public health, safety, and welfare, and we may not substitute our judgment for that of the legislature as to the wisdom or policy of a legislative act. Hamilton v. State, 366 So.2d 8 (Fla. 1978). Section 893.135(1)(b) bears a reasonable relationship to the legitimate state objective of protection of the public health, safety, and welfare....

...This was within its prerogative to decide, and it has not been shown that such decision was irrational or unreasonable. Accordingly, the orders of the trial courts are reversed on the authority of State v. Benitez and on the basis of our present holding that section 893.135(1)(b) is not arbitrary and unreasonable and does not violate due process and equal protection of the laws....

...[1] Based on the plain language of the statute, we hold that section 924.07 does not authorize a State appeal from a post-trial order reducing a charge. FACTS AND PROCEDURAL HISTORY In 1999, the Legislature reduced the statutory threshold for a conviction of trafficking in cannabis under section 893.135, Florida Statutes, from fifty to twenty-five pounds of cannabis. See ch. 99-188, § 9, at 1056, Laws of Fla. In March of 2001, Exposito was charged with one count of possession with intent to sell cannabis (count I), and one count of trafficking in cannabis pursuant to section 893.135(1)(a)(1), Florida Statutes (2000), as amended (count II)....

...propriate underlying felony in the course of which a homicide occurred. Mahaun v. State, 377 So.2d 1158, 1160 (Fla. 1979). [3] Under the statute applicable to appellant's convictions, the offense of trafficking in marijuana is a first-degree felony, Section 893.135(1)(a) Florida Statutes (1981), punishable by a term of imprisonment not to exceed thirty years. § 775.082(3)(b), Fla. Stat. (1981). The offense also carries a mandatory minimum term of imprisonment of five calendar years and a fine of $50,000. § 893.135(1)(a)2., Fla....

...sexual batterer status, and creates a mandatory minimum sentence for persons who qualify. Section 8: amends section 794.011, wherein the crime "sexual battery" is defined, to refer to new section 794.0115 in punishment provisions. Section 9: amends section 893.135, which criminalizes trafficking in certain drugs, to expand the definitions of certain trafficking offenses and provide a minimum mandatory sentence for certain trafficking offenses. Section 10: amends various statutes to incorporate references to section 893.135, as amended by section 9....

...nd criteria for court determination if the defendant is a repeat sexual batterer; providing for sentencing as a repeat sexual batterer; providing for construction; amending s. 794.011, F.S., to conform references to changes made by the act; amending s. 893.135, F.S.; defining the term "cannabis plant"; providing mandatory minimum prison terms and mandatory fine amounts for trafficking in cannabis, cocaine, illegal drugs, phencyclidine, methaqualone, amphetamine, or flunitrazepam; providing for s...

...imum sentence; providing exceptions; providing penalties; reenacting s. 397.451(7), F.S., relating to the prohibition against dissemination of state funds to service providers convicted of certain offenses, s. 782.04(4)(a), F.S., relating to murder, s. 893.1351(1), F.S., relating to lease or rent for the purpose of trafficking in a controlled substance, s....

...after it was stricken on constitutional single subject grounds, could require the reenacted punishments to be applied retroactively to the effective date of the earlier law. We hold that it could not. Cedric Green was adjudicated guilty of violating section 893.135(1)(b)(1)(a), Florida Statutes (1999), by trafficking in more than 28 but less than 200 grams of cocaine....

...After Green was sentenced, this court issued Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002), declaring chapter 99-188 unconstitutional because it violated the single subject requirement. Section 9 of that chapter had amended section 893.135 to add the minimum mandatory prison term imposed on Green....

...We hold that chapter 02-212 cannot be applied retroactively, for to do so would violate the Ex Post Facto Clauses of the United States and the Florida Constitutions. U.S. Const. art. 1, § 10; art. I, § 10, Fla. Const. [3] Therefore, we reverse Green's sentence, and we remand with directions to resentence him pursuant to section 893.135(1)(b)(1)(a), Florida Statutes (1997)....

...But for the retroactivity provision of chapter 02-212, Green would be entitled to resentencing under the valid law in effect on the date of his offense. See Heggs, 759 So.2d at 630-31. By virtue of this court's decision in Taylor, the valid law in effect on the date of Green's crime was section 893.135(1)(b)(1)(a), Florida Statutes (1997)....

...f the statute. Id. at 298, 97 S.Ct. 2290. The Fifth District founded its decision in Carlson on this second, "operative fact," theory, thus holding that the Florida legislature's enactment of chapter 02-210 applied retroactively to cure a portion of section 893.135(1)(a)(1) that had been declared unconstitutional in Taylor....

...As such, it did not exist for any purpose, and specifically was not an "operative fact" as contemplated in Dobbert. Aside from all of the foregoing, even if Dobbert could be read to permit the retroactive application of chapter 02-212, we still do not believe that Green himself could be sentenced under the version of section 893.135 enacted in that chapter because it did not exist on the date of Green's sentencing....

...to provide notice. Here, Green was sentenced before the effective date of chapter 02-212. If the effect of the unconstitutional 1999 statute was only notice, Green could not be sentenced under it. He also could not be sentenced under the version of section 893.135 enacted in chapter 02-212 because it was not in effect on the date of his sentencing in 2000....

...State, 832 So.2d 818, 819 (Fla. 5th DCA 2002); Jones v. State, 27 Fla. L. Weekly D2377, ___ So.2d ___, 2002 WL 31431541 (Fla. 5th DCA Nov.1, 2002). [8] We reverse the circuit court's order denying Green's rule 3.850 motion and remand *756 with directions to resentence him under section 893.135(1)(b)(1)(a), Florida Statutes (1997)....

...gh 02-212, Laws of Florida. [2] It appears this should be chapter 02-212, Laws of Florida. [3] Although all of the mentioned 2002 reenactments contained the same retroactivity provision, our attention must focus on chapter 02-212 because it includes section 893.135(1)(b)(1)(a), the statute under which Green was sentenced....

...Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. Appellant was arrested and charged with trafficking in cocaine and possession of marijuana in violation of section 893.135(1)(b)1....

...The statute under which appellant was convicted provides that "[any] person ... who is knowingly in actual or constructive possession of, 28 grams ... of cocaine ... is guilty of a felony of the first degree, which felony shall be known as `trafficking in cocaine.'" § 893.135(1)(b), Florida Statutes (1983)....

...The four elements of the offense which must be established beyond a reasonable doubt are as follows: a) that the defendant knowingly purchased or possessed a certain substance, b) the substance was cocaine, c) the quantity was 28 grams or more, and d) the defendant knew the substance was cocaine. § 893.135(1), Fla....

...State, 723 So.2d 307, 308 (Fla. 4th DCA 1998). Under the facts of this case, Williams could not be convicted of his charged offenses, trafficking in cocaine and possession of drug paraphernalia, unless the state proved that he possessed the cocaine and the drug paraphernalia. §§ 893.135(1)(b)1., 893.147(1), Fla....

...2d DCA 1999)(holding that allegation that jury received erroneous written instruction could form basis for post-conviction relief even though correct instruction was read to the jury). Judgments and Sentences REVERSED; causes REMANDED. SAWAYA, C.J., and COBB, W., Senior Judge, concur. NOTES [1] See §§ 893.135(1)(b)1.c., 893.13(6)(b), 893.147(1), Fla....

...State, 511 So.2d 1037 (Fla. 4th DCA 1987), to answer a certified question of great public importance. [1] We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Respondent Daophin was convicted of trafficking in cocaine by delivery in excess of 400 grams contrary to section 893.135(1)(b)3, Florida Statutes (1983)....

...1984), as a lesser included offense. In doing so, the district court acknowledged that possession of cocaine was not a category one necessarily lesser included offense under Florida Standard Jury Instructions in Criminal Cases which were in effect at the time. Section 893.135(1)(b) reads as follows: (b) Any person who knowingly sells, 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....

...or (3) section 893.13(1)(e) if possession of cocaine is charged. [2] The state chose by its allegations to narrow the charge to trafficking by delivery only. In addition to the primary charge of trafficking by delivery of over 400 grams of cocaine (section 893.135(1)(b)3), the jury was instructed on three lesser included offenses: (1) trafficking by delivery of over 200 but less than 400 grams of cocaine (section 893.135(1)(b)2); (2) trafficking by delivery of over 28 but less than 200 grams of cocaine (section 893.135(1)(b)1); and (3) delivering 28 grams or less of cocaine (section 893.13(1)(a))....

...NOTES [1] Daophin, 511 So.2d at 1038: MUST A JURY BE INSTRUCTED ON SIMPLE POSSESSION OF COCAINE PURSUANT TO SECTION 893.13(1)(e), FLORIDA STATUTES, WHERE THE INFORMATION CHARGES TRAFFICKING BY DELIVERY [AND ONLY BY DELIVERY] IN AN AMOUNT GREATER THAN 400 GRAMS PURSUANT TO SECTION 893.135(1)(b)(3), FLORIDA STATUTES? [2] In Rotenberry v. State, 468 So.2d 971 (Fla. 1985), we held that §§ 893.13 and 893.135 addressed separate offenses and that crimes under the former section were not necessarily lesser included offenses under the latter section. Consequently, the standard jury instructions were then amended to provide that there were no necessarily lesser included offenses (category one) to § 893.135 and to reclassify the former category one offenses as category two, permissive lesser included offenses....

...thin the permissible range for possession of cocaine, not trafficking. Had appellant been convicted by the jury of trafficking in cocaine, the trial court could have sentenced him up to thirty years imprisonment for a first degree felony. *341 See §§ 893.135(1)(b)1 and 775.082(3)(b), Fla. Stat. In addition, the trial court would have been required to impose a mandatory minimum term of imprisonment of seven years and a fine of $100,000 for 200 grams or more of cocaine. § 893.135(1)(b)1.b....

...5th DCA 1984), this court recently followed Pinder. Also see Enriquez v. State, 449 So.2d 845 (Fla. 3d DCA 1984). Appellant was convicted of the firearm offense (a violation of § 790.07(2), Fla. Stat.) and of the "underlying felony" (trafficking in cannabis in violation of § 893.135(1)(a)1, Fla....

...criminal activity which would constitute an "escalating pattern of criminal conduct" under the statute. Barfield was previously convicted and sentenced for trafficking in cocaine, in an amount of 28 grams or more but less than 200 grams. Pursuant to section 893.135(1)(b)1, Florida Statutes (1985), this is a first-degree felony with a mandatory minimum three years' imprisonment and a fine of $50,000. In the instant case, Barfield was convicted of conspiracy to traffic in cocaine and attempted trafficking in cocaine, both in an amount of 400 grams or more. Pursuant to sections 893.135(5) and 893.135(1)(b)3, Florida Statutes (1987), conspiracy to traffic in cocaine in an amount of 400 grams or more is a first-degree felony with a mandatory minimum fifteen years' imprisonment and a $250,000 fine....

...We find that the facts and circumstances leading up to, and surrounding, the defendant's arrest provided probable cause to believe that the defendant was committing, or had committed, a crime. We, accordingly, reverse. The defendant was charged by information with trafficking in cocaine in violation of section 893.135(1)(b), Florida Statutes (1985) and with use or possession with intent to use drug paraphernalia in violation of section 893.147, Florida Statutes (1985)....

...While conducting a consent search of Madrigal's apartment in connection with a double homicide investigation, Metro Dade officers found, among other things, 373 grams of cocaine. In the present prosecution for trafficking in more than 200 and less than 400 grams pursuant to section 893.135(1)(b), Florida Statutes (1985), Madrigal and the state attorney's office entered into an elaborate plea bargain under which the state agreed to waive the five year minimum mandatory prison sentence required for that crime by section 893.135(1)(b)(2), Florida Statutes (1985) in return for Madrigal's assistance — including passing several polygraph examinations — in the investigation of the two murders which had originally given rise to the charge....

...II Madrigal's second argument is far more substantial. Notwithstanding that he is also attempting to enforce the plea agreement, he contends that it is a nullity and un enforceable as a matter of law. He bases his argument upon the undeniable fact that, under section 893.135(3), Florida Statutes (1985), [1] the prosecution is statutorily authorized to waive the minimum mandatory sentence only when the defendant assists in the prosecution of co-participants *394 in the narcotics case with which he is charged....

...; thus, the plea was, in effect, without consideration. Although we certainly agree with the statutory underpinnings of this line of reasoning, we do not agree with the conclusion drawn from them. In our view, there is no legal reason why — putting section 893.135(3) entirely aside — the court may not adhere to the state's side of the bargain by omitting the minimum mandatory sentence if the defendant did his part....

...e defendant the consideration he bargained for. The plea agreement was thus an entirely enforceable one. (b) Approaching the matter from the point of view of the prosecution, the other "contracting party," [2] we reach the same result: the fact that section 893.135, Florida Statutes (1985) does not itself authorize a recommendation to waive the mandatory sentence does not preclude the prosecution from doing so anyway....

...or a sentence below the requirements is sufficient absent any rule or statutory authority, and the present case. Accordingly, the prosecutor had the right, and the binding duty if Madrigal complied, to recommend a sentence less than that provided by section 893.135(1)(b)(2), Florida Statutes (1985)....

...Kessler, 522 So.2d 917, 919 (Fla. 3d DCA 1988) ("contract cannot be `partially' rescinded"). Affirmed. [3] NOTES [1] Since all the pertinent events in this case occurred before its enactment, we do not decide whether the 1987 amendment to this statute which renumbered it section 893.135(4) and added the words "or of any other person engaged in trafficking in controlled substances" would affect this argument or the result either in this case or in Noon v....

...It is plain that Castellano, who is dead, was unavailable as a witness. 2. The trial court properly found that the challenged portion of Castellano's statement — that is, the reference to the cocaine as the subject matter of his theft — so far tended to subject him to criminal liability for drug trafficking, section 893.135, Florida Statutes (1981) (imposing 15 year minimum penalty), that a reasonable person in his position would not have made the statement, even to his girlfriend, unless he believed it to be true....

...antial, competent evidence inconsistent with any reasonable hypothesis of innocence. The following proof was adduced at trial in support of the state's allegation in the criminal information that appellant trafficked in illegal drugs in violation of section 893.135, Florida Statutes (1991), by being in actual or constructive possession of cocaine....

...Gottlieb, Asst. Public Defender, Miami, for appellee Robert K. Werner. Martin Lemlich, Miami Beach, for appellee Jack E. Carlson. ENGLAND, Justice. Robert K. Werner and Jack E. Carlson were charged by information with trafficking in cocaine in violation of section 893.135, Florida Statutes (1979)....

...All but one of the issues presented by this appeal were resolved against Werner and Carlson in State v. Benitez, 395 So.2d 514 (Fla. 1981), and State v. Yu, 400 So.2d 762 (Fla. 1981). The one unresolved issue they raise is whether the term "may" in section 893.135(3) is unconstitutionally vague, since it vests the prosecutor with unbridled discretion when engaging in so-called "post-conviction information bargaining." Subsection (3) provides that "[t]he state attorney may move the sentencing co...

...Discretion to initiate the post-conviction information bargaining process is inherent in the prosecutorial function. Absent a clear constitutional violation in a particular factual context, we refuse to intrude on the prosecutorial function by holding subsection (3) unconstitutional on its face. Additionally, section 893.135 does not directly abrogate the substantive rules of law governing plea bargaining and plea arrangements [2] , and these rules should be followed, to the extent they can in a post-conviction *388 context, by the parties and the trial judge....

...State, 359 So.2d 446 (Fla. 1978), on which appellant relies, the Supreme Court construed a statute which required the State to separate proscribed material from legal material in order to prove that the weight of the contraband alone exceeded the statutory amount. Section 893.135(1)(e) prohibits the sale of any mixture containing Methaqualone....

...DANIEL S. PEARSON, Judge. As a result of the execution of a search warrant, a Beechcraft airplane and more than one hundred pounds of marijuana secreted therein were seized, and Sawyer was charged with trafficking in this contraband in violation of Section 893.135, Florida Statutes (1979)....

...nd, who later was the chief prosecution witness against appellants. Diamond had been convicted of trafficking in cocaine and sentenced to the same term now facing appellants: fifteen years minimum mandatory imprisonment and a $250,000.00 fine. Under section 893.135(3), Florida Statutes (1985), a prosecutor may move the sentencing court to reduce or suspend the sentence of a defendant convicted under the drug trafficking statute if the defendant "provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals." (Emphasis supplied.) Diamond obtained an agreement with the state for the substantial reduction of his own sentence by entering into a section 893.135(3) agreement with the state. However, Diamond's agreement with the state and the trial court did not involve the prosecution of others involved with him, as authorized by section 893.135(3), but rather, according to the undisputed testimony of Diamond and a deputy sheriff, provided that Diamond *241 must make new cases involving a certain amount of cocaine within a certain time frame in order to receive a reduced sentence....

...sentences in excess of the statutory maximum. This argument fails, because the enactment of section 921.001(5) was an act of the legislature, not a rule or regulation of the sentencing commission. AFFIRMED. DAUKSCH and HARRIS, JJ., concur. NOTES [1] § 893.135, Fla....

...o traffic in over 400 grams of cocaine. We affirm his conviction but reverse and remand for resentencing. Under the guidelines, appellant's recommended sentence was three and one-half to four and one-half years. However, appellant's conviction under section 893.135(1)(b)(3), Florida Statutes (1983), required the court to impose the minimum mandatory sentence of fifteen years....

...In response to Hill’s objections to the presentence investigation report, the government contended that Hill’s 1999 cocaine sale/delivery conviction, in violation of Florida Statutes section 893.13(1)(a)(1), and his 2008 cocaine trafficking conviction, in violation of Florida Statutes section 893.135(1)(b)(1), were ACCA-qualifying “serious drug offenses.” At sentencing, the district court did not address whether Hill’s prior drug convictions were serious drug offenses....

...greater than 10,000 pounds. [3] These cases are remanded with directions to the trial court to enter judgments of conviction on the lesser included offense of trafficking in cannabis in excess of 2,000 pounds but less than 10,000 pounds, pursuant to section 893.135(1)(a)2, Florida Statutes (1985) and to resentence appellants accordingly. Reversed and remanded with instructions. LEHAN, A.C.J., and PATTERSON, J., concur. NOTES [1] The judgments adjudicated appellants guilty of trafficking in cannabis greater than 10,000 pounds pursuant to section 893.135(1)(a)3, Florida Statutes. The offense, in fact, is trafficking in cannabis in an amount of 10,000 pounds or more. § 893.135(1)(a)3, Fla....

...Dohn Williams, Jr., Hollywood, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee. BERANEK, Judge. The defendant appeals his conviction and sentence for trafficking in cocaine under Section 893.135, Florida Statutes (1981)....

...missible as long as each packet is tested. *500 Here, the criminologist received 139 small plastic bags of suspect rock cocaine. He tested one of the 139 different-sized rocks and concluded that the combined rocks contained enough cocaine to violate section 893.135(1)(b), Florida Statutes (1985)....

...uire reversal. Considering the totality of the evidence, these comments did not deprive appellant of a fair trial. See Darden v. State, 329 So.2d at 291. The State cross appeals the court's failure to impose the statutorily mandated fine pursuant to section 893.135(1)(b)3., Florida Statutes (1987). Section 893.135(1)(b)3., Florida Statutes states: (b) 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....

...As to the second reason given by the trial judge, we hold that Appellant's failure to cooperate with law enforcement officers is an insufficient legal reason for departure. Although cooperation can be grounds for reducing or suspending a sentence, see section 893.135(3), Florida Statutes (1983), we have been shown no legal obligation of a defendant to cooperate under the circumstances of this case....

...Gen., West Palm Beach, for appellant. H. Dohn Williams, Jr., of Varon & Stahl, Hollywood, for appellee Russell Leicht. Peter F.K. Baraban, Miami, for appellee Steven W. Jordan. McDONALD, Justice. The state appealed a circuit court ruling declaring section 893.135, Florida Statutes (1979), [1] unconstitutional. This Court stayed further proceedings in the instant cases because of the pending disposition of State v. Benitez, 395 So.2d 514 (Fla. 1981). In Benitez, this Court found section 893.135 to be constitutional....

...That ruling does not entirely dispose of these two cases, however, because in the trial court the appellees presented an additional challenge to the statute's constitutionality to the ones covered in Benitez. We again uphold the statute. Appellees contend that section 893.135 violates equal protection by singling out only four [2] of the controlled substances proscribed in section 893.03, Florida Statutes (1979). They claim that many other drugs are as dangerous and as widely abused as the four for which mandatory sentences have been enacted and that, therefore, there is no rational basis to support the classification set out in section 893.135....

...To be constitutionally permissible, a classification must apply equally and uniformly to all persons within the class and bear a reasonable and just relationship to a legitimate state objective. Haber v. State, 396 So.2d 707 (Fla. 1981). We find that section 893.135 is neither arbitrary nor unreasonable and that its provisions apply equally to all persons similarly situated. There may, as appellees contend, be other drugs as hazardous as the ones included in section 893.135....

...We acknowledge the magnitude of trafficking in these four drugs that exists in this state, and we have no difficulty in ascertaining a rational basis for the legislature's actions in providing escalating mandatory minimum sentences regarding these substances. We find that section 893.135 does not violate the equal protection clause and reaffirm the statute's constitutionality. [3] The trial court order is vacated. It is so ordered. SUNDBERG, C.J., and ADKINS, BOYD, OVERTON, ENGLAND and ALDERMAN, JJ., concur. NOTES [1] Florida's newly enacted "drug trafficking" statute. [2] Cannabis, § 893.135(1)(a), Fla. Stat.; cocaine, § 893.135(1)-(b), Fla. Stat.; and morphine and opium, § 893.135(1)(c), Fla....

...ed substance is involved in the transaction. We answer in the affirmative and reverse the order dismissing the charges below. Michael Baxley was charged with conspiracy to traffic and trafficking in hydrocodone. In order to sustain this charge under section 893.135(1)(c)1, there must be 4 grams or more of the substance or "4 grams or more of any mixture containing any such substance..." But if a tablet contains no more than 15 milligrams of hydrocodone along with other active ingredients which a...

...construe them so as to preserve the force of both without destroying their evident intent). If the number of tablets aggregates 4 grams or more of hydrocodone or a mixture of hydrocodone, then we agree with the State that prosecution is proper under section 893.135....

...ON THE VERDICT FORM THAT THE DEFENDANT IS GUILTY OF COCAINE TRAFFICKING IN AN AMOUNT OF 400 GRAMS OR MORE, IN THE FACE OF UNCONTROVERTED EVIDENCE THAT THE AMOUNT AT ISSUE EXCEEDED 400 GRAMS, PRECLUDE IMPOSITION OF A MINIMUM MANDATORY SENTENCE UNDER SECTION 893.135? *2 We have jurisdiction....

...For the following reasons, we answer the certified question in the affirmative and approve the decision of the district court. PROCEEDINGS TO DATE Respondent, Luis Manuel Estevez, was charged by information with trafficking in cocaine in excess of 400 grams and with conspiracy to traffic in cocaine. Under the provisions of section 893.135, Florida Statutes (1995), the trafficking statute, it is unlawful to possess twenty-eight grams or more of cocaine....

...In addition, the mandatory minimum sentences to be imposed under the statute are dependent upon the amount of cocaine involved. The statute mandates a fifteen-year minimum sentence if the amount involved exceeds 400 grams. At Estevez' trial, evidence was presented of his violation of section 893.135 and that the amount of cocaine involved exceeded 400 grams....

...sentenced Estevez to serve a fifteen-year mandatory minimum term for trafficking in cocaine in excess of 400 grams. On appeal, the Third District reversed and held that "[b]efore a defendant can be subject to a minimum mandatory sentence pursuant to section 893.135(1)(b), the verdict form must contain a finding that the defendant committed the crime prohibited by the minimum mandatory sentencing statute." Estevez, 713 So.2d at 1040 (citing State v....

...However, concerned about the uncontroverted evidence of the amount of cocaine involved in the instant case, the Third District certified the aforementioned question of great public importance to this Court. See id. ANALYSIS The defendant here was charged with violating section 893.135(1)(b)(1), Florida Statutes (1995)....

...minimum penalties, despite their shared status as first-degree felonies. As noted earlier, Florida law provides for a greater mandatory minimum sentence and a greater fine, determined by the quantity of the substance involved in the offense. Compare § 893.135(1)(b) with § 893.135(4), Fla....

...The trial court erred in determining otherwise. 590 So.2d at 927 (footnote omitted) (emphasis added). Under our analysis in Weller, the jury's factual finding on the quantity of cocaine involved controls the minimum sentence that may be imposed. Imposition of a mandatory minimum sentence under section 893.135 is improper when a jury does not determine the specific quantity of cocaine involved....

...uld not be allowed to "pardon" the defendant by failing to make a specific finding as to the amount of cocaine involved. The State points out that this Court acknowledged in State v. Benitez, 395 So.2d 514, 516-17 (Fla.1981), the mandatory nature of section 893.135, which only allows the trial judge to deviate from the statute's mandatory minimum sentences under circumstances where the defendant is willing to cooperate with law enforcement authorities in apprehending other drug traffickers. Importantly, however, while section 893.135 limits a trial judge in sentencing once a specific conviction is secured, none of its provisions obviates the jury's inherent power to "pardon" a defendant by convicting the defendant of a lesser offense....

...at 1224. In Jones, the Court noted that a contrary ruling would give rise to serious constitutional concerns. The Supreme Court's reasoning in Jones is very similar to our reasoning in Weller, where we held that, in essence, the alternative provisions of section 893.135 are lesser included offenses that must be submitted to the jury. Obviously, under the provisions of section 893.135 and its punishment scheme, the jury's role is critical....

...Because the jury did not make an express finding that Estevez trafficked in cocaine in an amount of 400 grams or more, we agree with the district court that the trial judge improperly imposed the mandatory minimum sentence for cocaine trafficking under section 893.135....

...However, the jury issued a "clear jury finding" that Estevez was guilty of drug trafficking as charged in the information. *9 Because the information charged Estevez with being in possession of 400 grams or more of cocaine, the trial court was correct in sentencing Estevez to the mandatory minimum as prescribed by section 893.135(1)(b)c, Florida Statutes (1997)....

...Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley, Assistant Attorney General, Fort Lauderdale, for appellee/cross-appellant. GROSS, J. George Earle and Brian Green appeal their convictions of trafficking in cocaine, contrary to section 893.135(1)(b)1.c., Florida Statutes (1999)....

...The jury found both Earle and Green guilty of trafficking in cocaine weighing 400 grams or more, but less than 150 kilograms. The cocaine trafficking statute prohibits one from "knowingly" being "in actual or constructive possession" of a certain quantity of cocaine. See § 893.135(1)(b)1., Fla....

...ifth Districts but not in the First and Second Districts. [34] Individuals convicted of drug trafficking are subject to a mandatory minimum term of imprisonment of twenty-five years and a mandatory fine of $500,000. See Hayes, 750 So.2d at 2 (citing section 893.135(1)(c)(1), Florida Statutes (Supp.1996))....

...identical amount of hydrocodone tablets in the Fourth and Fifth Districts would be subjected to prosecution for possessing a Schedule II substance subject to a mandatory minimum term of imprisonment of 25 years and a mandatory fine of $500,000. See § 893.135(1)(c)(1)(c), Fla....

...briefs, we affirm the district court’s grant of Bellizia’s § 2254 petition for habeas corpus relief. AFFIRMED. 3 Under Florida law, any person who knowingly brings heroin into Florida is guilty of trafficking in illegal drugs. Fla. Stat. Ann. § 893.135(1)(c)1. The mandatory minimum sentence for the amount of heroin in the single pellet tested by the State is three years’ imprisonment, id. § 893.135(1)(c)1.a, as compared to the mandatory minimum of twenty-five years’ imprisonment for the quantity the State attributed to Bellizia but did not test or prove at trial, id. § 893.135(1)(c)1.c. 7 

...Pilieci's motion to suppress also sought to exclude evidence based upon a violation of the "knock-and-announce" rule. See § 933.09, Fla. Stat. (2005); Hudson v. Michigan, 547 U.S. 586, 126 S.Ct. 2159, 165 L.Ed.2d 56 (2006). We affirm the trial court's ruling on that issue without further comment. [2] § 893.135(1)(b)(1)(a), Fla. Stat. (2005). [3] § 893.135(1)(k)(1)(a)....

...As to defendants Jeffrey Gardiner and Kevin Whitehurst, we affirm; as to defendants Jeffrey Arnold and Thomas Miller, we reverse. The state filed informations charging the defendants with trafficking in cannabis in an amount greater than 10,000 pounds in violation of section 893.135, Florida Statutes (1983)....

...Nedd was originally charged by information with trafficking in twenty-eight grams to thirty kilograms of heroin. He entered a negotiated plea to the reduced charge of trafficking in fourteen to twenty-eight grams, in return for a fifteen-year minimum mandatory sentence. [1] When Nedd entered his plea, section 893.135(1)(c)(1)(b), Florida Statutes (2001), required the fifteen-year minimum mandatory term for this offense....

...Nedd's request for relief is based on this court's decision in Taylor v. State, 818 So.2d 544 (Fla. 2d DCA), review dismissed, 821 So.2d 302 (Fla.2002), which declared chapter 99-188, Laws of Florida, unconstitutional. The fifteen-year minimum mandatory requirement had been added by an amendment to section 893.135 contained in chapter 99-188....

...Errickson pled no contest to the charge of giving a false name and proceeded to trial on the trafficking charge. The jury found Errickson guilty of trafficking in hydrocodone as charged and he was sentenced to 180 months as the minimum mandatory sentence under section 893.135, Florida Statutes....

...See Allen, 335 So.2d at 824 ("[B]efore a confession is admitted the state has the burden of proving by substantial evidence that a crime was committed, and that such proof may be in the form of circumstantial evidence."). In this case, Snell was charged with violating section 893.135(1)(b)1.a., Florida Statutes (2001), which is the offense of trafficking in cocaine....

...Appellant appeals a sentencing order, in which the trial judge departed from the recommended guidelines range of four and one-half years to five and one-half years to sentence appellant to eight years in prison, upon appellant's conviction, after jury trial, of trafficking in heroin in violation of section 893.135(1)(c)1....

...We affirm in part, reverse in part, and certify a question to the Supreme Court of Florida. At trial, evidence was presented that appellant had been in possession of a total of 13.1 grams of heroin which were distributed in 838 packets, 384 of which contained only counterfeit controlled substances. According to section 893.135(1)(c)1, Florida Statutes, one found guilty of possession of between four and fourteen grams of heroin shall be guilty of trafficking in illegal drugs and sentenced to a mandatory minimum term of three years and a $50,000 fine. Pursuant to section 893.135(1)(c)2, one found guilty of possession of between fourteen and twenty-eight grams of heroin is subject to a mandatory minimum sentence of ten years, with a $100,000 fine....

...e postconviction court for reconsideration of these two claims. The Underlying Conviction and Theory of Defense In 2003, a jury found Mr. Balmori guilty of attempted trafficking in heroin over twenty-eight grams but less than thirty kilograms. See §§ 893.135(1)(c)(1)(c), 777.04(4)(c), Fla....

...st by the defendant. Here, Mr. Balmori was the only witness to testify for the defense. At trial, the State had to prove beyond a reasonable doubt that Mr. Balmori was " knowingly in actual or constructive possession" of the heroin found in his car. § 893.135(1)(c)(1) (emphasis added)....

...On his return, he placed the shoebox on the hood of the vehicle, opened it and began to count the money. Officer Gutierrez then gave a signal to surveillance units, who moved in and arrested the defendants. The state attorney's office charged Sobrino and Diaz with trafficking in cannabis, a violation of section 893.135(1)(a), Florida Statutes (1983), by alleging that they "did knowingly take or accept delivery for compensation and aided, abetted, couseled, [sic] and procured the delivery, in excess of 100 pounds but less than 2,000 pounds of CANNABI...

...State, 277 So.2d 1 (Fla. 1973). The state attorney has accurately alleged the facts in this case. The problem is that the facts alleged, the purchase of cannabis, do not constitute violations of the statutory provisions alleged in the information. Section 893.135(1)(a) of the Florida Statutes provides that "[a]ny person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 100 pounds of cannabis" is guilty of the first degree felony of trafficking in cannabis....

...To receive or obtain something in exchange for compensation is to purchase. The American Heritage *1335 Dictionary 1061 (W. Morris ed. 1973). Though the legislature may desire, in the future, to include purchases within its definition of trafficking, section 893.135(1)(a) does not presently prohibit the purchase of cannabis....

...conspiring to possess over 100 pounds of cannabis. The first district's affirmance of the convictions in Orantes certainly supports the proposition that one who conspires to possess cannabis can be convicted of conspiracy to traffic in violation of section 893.135(4), Florida Statutes (1983)....

...by possession because the police officers effected the arrest before Sobrino and Diaz were in actual or constructive possession of the drugs. Of course, they could have been charged with attempted trafficking by attempted possession in violation of section 893.135(1)(a) and 777.04(1), Florida Statutes (1983)....

...Saunders, Assistant Public Defender, for Appellant. Robert A. Butterworth, Attorney General, and Trina Kramer, Assistant Attorney General, for Appellee. KAHN, Judge. Appellant James Stanford was charged with and convicted of trafficking cocaine in violation of section 893.135(1)(b)1.a., Florida Statutes (1995)....

...State, 688 So.2d 392 (Fla. 1st DCA 1997) (holding that section 924.051(3) is procedural and applicable to a point raised on appeal where the crime occurred prior to effective date of statute, but appellant was sentenced after that date). Stanford violated section 893.135(1)(b)1.a., Florida Statutes (1995): (b)1....

...In 1993, the Legislature amended the felony offender statute to exempt certain drug possessors and purchasers from habitual felony offender treatment. See Ch. 93-406, § 2, 2911, 2912-2913, Laws of Fla. (codified at § 775.084(1)(a)3., Fla. Stat. (1993)). In the same year, the Legislature amended section 893.135 to eliminate the mandatory minimum terms for certain other drug offenses and to require that those offenses be punished pursuant to the sentencing guidelines. See Ch. 93-406, § 24, 2911, 2954-57, Laws of Fla.(codified at §§ 893.135(1)(a)1., 2.; 893.135(1)(b)1.a, b,; 893.135(1)(c) 1.a, b; 893.135(1)(e)1., 2.; 893.135(1)(f)1., 2., Fla....

...excludes from habitual offender sentencing, where sentence was result of negotiated plea and not illegal, i.e., it did not exceed statutory maximum). Accordingly, appellant's thirty-five year habitual offender sentence is VACATED, and the case is remanded for sentencing pursuant to section 893.135(1)(b)1.a., Florida Statutes (1995)....

...OVERTON, Justice. This is a petition to review a decision of the Fifth District Court of Appeal reported as Way v. State, 458 So.2d 881 (Fla. 5th DCA 1984), which upheld petitioner's conviction of trafficking in cocaine. Petitioner was charged under section 893.135(1)(b)1, Florida Statutes (1981), which provides in part: Any person who knowingly sells, manufacturers, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine ......

...Further, the court expressly approved the jury instruction given by the trial court, and certified to this Court the following question as being of great public importance: Is proof that a defendant knows that the weight of the substance possessed equals 28 grams or more essential in obtaining a conviction under section 893.135(1)(b)? 458 So.2d at 882....

...The court noted that a showing that the defendant believed she possessed marijuana would be a defense to the crime of trafficking in cocaine. Ryan did not, however, address the issue of whether knowledge of the amount of controlled substance possessed is necessary for conviction under section 893.135(1)(b). We agree that knowledge of the nature of the substance possessed is an *241 essential element to the crime of trafficking in cocaine under section 893.135(1)(b)1....

...The word "knowingly," as used in the statute, modifies only the possession element of the offense and not the quantity. We conclude that the jury instruction given by the trial court in the instant cause properly set forth the elements of the offense of trafficking in cocaine under section 893.135(1)(b)1, in accordance with the intent and purpose of that statute....

...The court sentenced him to a term of life imprisonment as an habitual offender and imposed a $100,000 fine. This sentence is legal under the present version of the drug trafficking statute, except that the court would be required to sentence the defendant to a "mandatory minimum term of imprisonment of 7 years." § 893.135(1)(b)1.B, Fla. Stat. (2000). However, this statute did not become effective until October 1, 2000, and Washington committed his offense on March 24, 1999. The applicable version of the drug trafficking statute in this case was section 893.135(1)(b)1.B, Fla....

...ckage he was holding contained heroin and concerning his activities as a lookout for drug trafficking activities. Defendant made the statements to the police officer subsequent to his guilty plea in an attempt to provide substantial assistance under section 893.135(3), Florida Statutes (1983), in return for a reduced sentence....

...In the absence of any specific contrary legislative intent, we interpret the Youthful Offender Act, chapter 958, to be a separate statutory scheme for treatment of those young defendants to whom the act applies, regardless of the nature of their crimes. While we recognize that the legislative intent behind section 893.135's minimum mandatory sentencing requirements for certain drug offenses is to provide severe punishment for those who are engaged in narcotic trafficking in an effort to take strong measures to combat Florida's drug problems, we do not...

...Gen., Tallahassee, for appellee. FRANK, Judge. Martha B. Munroe seeks to overcome the trial court's judgment and sentence stemming from a jury verdict in which she was convicted of conspiracy to traffic in an amount of cocaine exceeding 400 grams, conduct violative of section 893.135(4), Florida Statutes (1985)....

...e of $250,000. Munroe's scoresheet calculation produced a presumptive sentence of 3 1/2 to 4 1/2 years. Rule 3.701(d)(9) of the Florida Rules of Criminal Procedure required the trial court to impose a mandatory minimum sentence of fifteen years. See § 893.135(1)(b)(3), Fla....

...g., Atwaters v. State, 495 So.2d 1219 (Fla. 1st DCA 1986), the trial court's bases for departure are invalid. The quantity of cocaine Munroe anticipated acquiring, notwithstanding it did not pass into her possession, is a valid reason for departure. Section 893.135(4), Florida Statutes (1985), provides that the punishment for conspiracy to commit the prohibited act is the same as if the act had been committed....

...State v. Wimberly, 498 So.2d 929, 932 (Fla. 1986). The trial court, however, did not err in rejecting the requested instruction. Munroe was charged in the information *401 with conspiracy to traffic in more than 400 grams of cocaine in violation of section 893.135(4), Florida Statutes (1985)....

...g with another "who knowingly sells, 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 any mixture containing cocaine... ." § 893.135(1)(b), Fla. Stat. (1985). A significant difference exists between section 893.135(1)(b) and section 893.13(1)(e)....

...(emphasis supplied) Under the schedule of lesser included offenses, in effect at the time of the appellant's trial, possession of cocaine in violation of section 893.13(1)(e) was designated as a category 1 necessarily lesser included offense of trafficking in cocaine as proscribed by section 893.135(1)(b)....

...[1] Rotenberry v. State, 429 So.2d 378 (Fla. 1st DCA 1983). The Florida Supreme Court reversed, holding: [W]e conclude that the legislature did not intend the charge of trafficking in cocaine to encompass possession and sale as lesser included offenses.... Section 893.135 [trafficking] is sufficiently different from the provisions of section 893.13 to allow multiple punishments at the same trial because the state need not prove a violation of 893.13(1)(a) [sale, manufacture, or delivery], (d) [bringing...

...Gen., West Palm Beach, for appellant/cross-appellee. Edward Brinson of Brinson, Smith, Heller & Smith, P.A., Kissimmee, for appellee/cross-appellant. DOWNEY, Judge. Appellee James Taylor was found guilty in Okeechobee County of trafficking in cannabis in excess of 100 pounds in violation of Section 893.135(1)(a)1, Florida Statutes (Supp....

...After a presentence investigation, which apparently showed that Taylor had a good reputation in Osceola County, where he lived, the trial court sentenced him to three years imprisonment and a fine of $25,000 in accordance with the mandatory provision of Section 893.135(1)(a)....

...We have seriously considered all of the questions presented by the cross-appeal and find no reversible error shown in the trial of the case. The only error reflected in the record occurred in the sentencing process. In enacting the trafficking statute, Section 893.135, the Legislature provided that for the various crimes included therein *994 mandatory minimum prison sentences should be imposed....

...al courts to mitigate a mandatory sentence upon motion by the State Attorney if the convicted person provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators, or principals. § 893.135(3), Fla....

...Accordingly, we affirm the judgment of conviction involved in the cross-appeal and reverse the order mitigating appellee's mandatory minimum sentence as originally imposed by the trial court, without prejudice upon remand to the filing of a proper motion to mitigate under Section 893.135(3), should the State Attorney be so disposed....

...Bill McCollum, Attorney General, Tallahassee, and Dawn Elizabeth Adams, Assistant Attorney General, Tampa, for Appellee. WALLACE, Judge. Jose A. Barrientos appeals his judgments and sentences for trafficking in cocaine in an amount greater than 400 grams and less than 150 kilograms, section 893.135(1)(b)(1)(c), Florida Statutes (2005), and possession of more than twenty grams of cannabis, section 893.13(6)(a)....

...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,".... § 893.135(1)(b)(1) (emphasis added)....

...NOTES [1] Today we are issuing an opinion in Jose B.'s appeal from his conviction for trafficking in cocaine. The case number assigned to Jose B.'s appeal is 2D07-1301. [2] Under the statute then in effect, twenty-eight grams or more of cocaine, or any mixture containing cocaine, constituted a trafficking amount. § 893.135(1)(b)(1)....

...Although the initial tests had been performed eleven months prior to trial, the supplemental analysis was conducted the day before the trial began. The significance of the new finding was that it provided evidence which, by itself, would support a trafficking charge. (Section 893.135(1)(b)(1), Florida Statutes (1985), requires twenty-eight grams or more to support a trafficking charge.) More importantly, the new evidence was found inside the residence....

...changes made in adopting the `3-Strikes' law; Section 7 creates the new offense of a `Repeat Sexual Batterer' and corresponding minimum mandatory; Section 8 amends section 794.011 to accommodate the `Repeat Sexual batterer' offense; Section 9 amends section 893.135 to require minimum mandatory sentences for trafficking in certain amounts of illegal drugs; Section 10 conforms numerous statutes to the amendment made in Section 9; Section 11 requires the clerk of the court to provide criminal recor...

...appealed. *1263 We affirm that conviction and remand to the trial court for resentencing in light of our reversal of the trafficking offense. AFFIRMED in part; REVERSED in part; and REMANDED with Directions. TORPY and LAWSON, JJ., concur. NOTES [1] § 893.135(1)(b)1.a., Fla....

...Stephen Kahn, Terri Jo Kennedy, Leonard Schulte and Jane C. Hayman, Tallahassee, for The Florida Senate, and Mark Herron, Tallahassee, for The Florida House of Representatives, amici curiae. McDONALD, Justice. The state appealed a trial court order declaring section 893.135, Florida Statutes (Supp....

...and will have a great effect on the proper administration of justice throughout the state. We have jurisdiction pursuant to article V, section 3(b)(5), Florida Constitution, and reverse the trial court order. The state charged Kaufman with violating section 893.135(1)(e) by knowingly selling, delivering, or possessing five kilograms or more of methaqualone. Kaufman moved for dismissal, alleging that section 893.135 was unconstitutional because the legislature did not comply with the requirements of article III, section 7, Florida Constitution, in enacting the statute in 1979. After reading the transcripts of recordings of the applicable floor debates, the trial court concluded that the enacting bill in 1979 and the amending bill in 1980 had not been read as required by the constitution and declared section 893.135 unconstitutional. The fifth district then certified the trial court order to this Court. The trial court recognized that, on the face of the legislative journals, both houses of the legislature had properly passed the legislation creating section 893.135 in 1979 and amending it in 1980....

...Given the widespread publication of copies of bills, reading a bill's number or short title identifies which bill is being considered. We cannot say that the legislature's interpretation of the reading requirement is erroneous. We again declare that section 893.135, Florida Statutes (Supp. 1980), is constitutional. The order of the trial court is reversed. It is so ordered. ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and SHAW, JJ., concur. NOTES [1] This Court has previously held § 893.135 to be constitutional against numerous attacks on its validity....

...iae Florida Association of Criminal Defense Lawyers. SHAHOOD, Judge. The state appeals the lower court's dismissal of an information charging appellee, Kathryn P. Hayes ("Hayes"), with trafficking in four grams or more of hydrocodone in violation of section 893.135(1)(c)1, Florida Statutes (1996)....

...After being unable to verify the prescription, the pharmacist alerted the police. Hayes went to pick up the prescription and, when she left the store, the police arrested her and retrieved 40 tablets of Lorcet, a hydrocodone derivative. She was charged with trafficking in four grams or more of hydrocodone in violation of section 893.135(1)(c)1, Florida Statutes (1996), and moved to dismiss the charges. Following the First District Court of Appeal's decision in State v. Holland, 689 So.2d 1268 (Fla. 1st DCA 1997), the trial court dismissed the charges. Section 893.135(1)(c)1, Florida Statutes (1996) prohibits the sale, purchase, manufacture, delivery or possession of 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroine, as described in s....

...It is considered a Schedule II drug if it is found in quantities greater than 300 milligrams per 100 milliliters or 15 milligrams per dosage unit; it is considered a Schedule III drug in quantities smaller than those amounts. The issue presented in this case is whether Hayes could be charged with trafficking under section 893.135 where the amount of hydrocodone in each Lorcet tablet was less than 15 milligrams (specifically, 7.5 milligrams), making it a Schedule III drug, but where the aggregate weight of all 40 tablets, each of which contained a mixture of hy...

...5th DCA 1996), rev. denied, 694 So.2d 737 (Fla. 1997), the Fifth District answered that question in the affirmative holding that "[i]f the number of tablets aggregates 4 grams or more of hydrocodone or a mixture of hydrocodone, then ... prosecution is proper under section 893.135." In Holland, however, the First District reached the opposite conclusion holding that "if a mixture containing the controlled substance falls within the parameters set forth in Schedule III, the amount of the controlled substance per dosage unit, not the aggregate amount or weight" is determinative for prosecution under section 893.135(1)(c)1. Accord State v. Perry, 716 So.2d 327 (Fla. 2d DCA 1998)(affirmed dismissal of charges based on Holland ). Based upon our reading of the legislative history of section 893.135(1)(c)1, as well as the United States Supreme Court's interpretation of the federal law on which our state statute is based, we reach the same conclusion as the court in Baxley. In 1995, section 893.135(1)(c)1, Florida Statutes, was amended to include oxycodone, hydrocodone, hydromorphone, and any derivative of oxycodone, hydrocodone, hydromorphone, opium, morphine, or heroin under the purview of the trafficking statute. § 893.135(1)(c)1, Fla....

...reme Court's definition of the term "mixture" as it is used in this context, we conclude that the aggregate weight of the tablets seized from Hayes, and not the amount of hydrocodone per dosage unit, is the determinative weight for prosecution under section 893.135(1)(c)1, Florida Statutes (1996). Since the weight of the hydrocodone mixture exceeded four grams, Hayes could be prosecuted under section 893.135(1)(c)1 for trafficking in a Schedule II drug....

...Wautara Wright appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Wright pled guilty to one count of trafficking in cocaine in an amount between 28 and 200 grams, a violation of § 893.135(1)(b)1.a., Florida Statutes. He received a habitual offender sentence of seventeen years incarceration, although § 893.135(1)(b)1.a....

...However, because the sentence was imposed pursuant to a negotiated plea agreement, we do not vacate the sentence but instead remand to the trial court, where the state should have the opportunity to agree to resentencing within the requirements of § 893.135(1)(b)1.a F.S....

...In the trunk of the automobile the trooper discovered a cardboard box containing three kilograms of cocaine. Defendant was taken into custody and subsequently charged with one count of selling, possessing or delivering four hundred grams or more of cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1985), and one count possession of cannabis in violation of section 893.13(1)(f), Florida Statutes (1985)....

...r appellant had begun serving a previously imposed sentence of three years. We hold that the trial court could not vacate the previous, legal sentence and remand for reinstatement of that sentence. *999 Trafficking in cocaine, in the amount found in Section 893.135(1)(b)(3), Florida Statutes (1981), carries a minimum mandatory sentence of fifteen years imprisonment and a fine. Appellant was charged under this section, and appeared before the trial court on July 1, 1982, to enter a plea. At this first hearing, the state attorney indicated that because of his discussion with police, he would be filing a petition under Section 893.135(3), Florida Statutes (1981), asking the court to reduce the statutory minimum in Cherry's case because of substantial assistance to police....

...Later proceedings indicate that he did make the motion. The state attorney's recommendation at that time was a five year sentence, but with the possibility of reduction if the defendant rendered additional assistance. Appellant pled guilty, a plea apparently conditioned upon the state's petition under Section 893.135(3)....

...nder which defendant was charged, for a court may not reduce the statutory minimum sua sponte, State v. Taylor, 411 So.2d 993 (Fla. 4th DCA 1982). As the prosecutor realized, however, once a petition for reduction of the minimum has been filed under Section 893.135(3), the sentence is in the trial court's discretion....

...State, 757 So.2d 532 (Fla. 4th DCA), rev. denied, 789 So.2d 348 (Fla. 2000), to be similar to the instant case because the trial court failed to perform a sentencing act required by a statute. Robinson entered a plea of guilty to trafficking in cocaine in violation of section 893.135, which carries a mandatory minimum of 15 years' imprisonment and a $250,000 fine....

...1999), to his conviction of trafficking in hydrocodone.... In Hayes, the supreme court quashed this court's decision in the underlying case of State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998), quashed, 750 So.2d 1 (Fla.1999), and held that the drug trafficking statute (section 893.135(1)(c)1, Florida Statutes (Supp....

...893.03(1)(b) [i.e., Schedule I] or (2)(a) [i.e., Schedule II], 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." § 893.135(1)(c)1, Fla....

...CONCLUSION Our decision in Hayes v. State, 750 So.2d 1 (Fla.1999), is a clarification of extant law and, pursuant to the United States Supreme Court decision in Fiore v. White, 531 U.S. 225, 121 S.Ct. 712, 148 L.Ed.2d 629 (2001), must be applied to final cases. [13] Under section 893.135(1)(c)1, trafficking in a Schedule III drug or mixture thereof was never intended by the Legislature to be a crime....

...y abandoning Witt in cases where this Court has changed a district court's interpretation of the law and erroneously introducing into our jurisprudence a Fiore analysis, which obviously does not apply. HARDING, Senior Justice, concurs. NOTES [1] See § 893.135(1)(c)1, Fla....

...Houston's argument that his daughter was falsely described as a confidential informant is also inaccurate. Dotson referred to her in his affidavit as a confidential source. He testified he did this in order to protect her identity. This was not a false representation. AFFIRMED. PALMER and LAWSON, JJ., concur. NOTES [1] § 893.135(1)(b); § 843.02, Fla....

...Beisner, Assistant Attorney General, Tallahassee, for Appellant. John F. Daniel, Panama City, for Appellee. PER CURIAM. The State appeals an order of the lower court dismissing an information charging Appellee Patricia Holland with trafficking in hydrocodone in violation of section 893.135(1)(c), Florida Statutes (1993)....

...We affirm for the reasons set forth below, and certify conflict with the Fifth District Court of Appeal. Holland was charged with five counts of trafficking in "[h]ydrocodone also known as Lortab and/or Vicodin, a controlled substance defined in Section 893.03 Florida Statutes, in violation of 893.135 Florida Statutes." Holland filed a motion to dismiss, accompanied by an affidavit of a licensed pharmacist, attesting that the drug alleged in the information was not a Schedule II drug, but rather a Schedule III drug falling outside the purview of section 893.135(1)(c), Florida Statutes. The lower court agreed, and dismissed the information. Section 893.135(1)(c)1, Florida Statutes (1993), prohibits the sale, purchase, manufacture, delivery, or possession of 4 grams or more of any substance described in section 893.03(1)(b)(Schedule I narcotics), any substance described in section 893.03...

...ings the substance charged within the ambit of Schedule III, argues that the trafficking statute nevertheless applies because it prohibits the sale or possession of 4 grams or more of any mixture containing hydrocodone. We disagree. Reading sections 893.135(1)(c)1 and 893.03(3)(c)4 in concert, it is clear to us that, if a mixture containing the controlled substance falls within the parameters set forth in Schedule III, the amount of the controlled substance per dosage unit, not the aggregate amount or weight, determines whether the defendant may be charged with violating section 893.135(1)(c)1, Florida Statutes....

...We acknowledge that the Fifth District Court of Appeal has recently reached a contrary result in State v. Baxley, 684 So.2d 831 (Fla. 5th DCA 1996)(where the number of tablets aggregates 4 grams or more of hydrocodone or a mixture of hydrocodone, prosecution is proper under § 893.135)....

...n that case, we later substantially retreated from any meaningful reliance on that variance in State v. Anders, 560 So.2d 288, which followed an amendment of the statute. It is in fact rendered moot, in this context, by the amendment to the statute, section 893.135(3), Florida Statutes (1985)....

...In the present case the informer was free to develop new drug transactions for which he was to receive a reduction in his sentence. While we do not think Glosson compels a finding of a due process violation under these circumstances, Hunter and Anders obviously do. As explained in Anders, the substantial assistance statute, section 893.135(4), Florida Statutes (1989), was amended after Hunter, but, given the constitutional underpinnings of the due process defense in the context of these cases, the amendment has no effect on our consideration....

...violated, and we reverse and remand with instructions *1184 to dismiss the charges and to discharge appellant. As in previous cases, we certify the following slightly altered question to the supreme court: DOES THE PERFORMANCE OF AN AGREEMENT UNDER SECTION 893.135(4) AS AMENDED, WHEREBY AN INFORMER WILL RECEIVE A SUBSTANTIALLY REDUCED SENTENCE IN EXCHANGE FOR SETTING UP NEW DRUG DEALS AND TESTIFYING, CONSTITUTE A PER SE VIOLATION OF THE HOLDING IN STATE v....

...The conditions of probation included requirements that Rita remain at liberty without violating the law and that he not possess illegal drugs. The alleged violations of these conditions arose out of his arrest in Dade County in June 1983 on charges of illegally possessing more than 2000 pounds of cannabis in violation of section 893.135, Florida Statutes....

...Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee. EN BANC FARMER, Judge. Because of a conflict in our published decisions on the issue whether a defendant can be separately punished for multiple offenses under sections 893.13 and 893.135, Florida Statutes (1991), we have granted review en banc to harmonize them....

...The supreme court followed this approach in McCloud without citing to Baker. Under the McCloud/Baker analysis, possession of a controlled substance under section 893.13(1)(f), Florida Statutes (1991), is "separate" from trafficking in cocaine under section 893.135(1)(b), Florida Statutes (1991) because trafficking by sale can possibly be committed without possession....

...For the purposes of this opinion, however, we assume that the two quantities of cocaine were from a common source. [2] Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932). [3] Carawan v. State, 515 So.2d 161 (Fla.1987). [4] Section 893.135(1)(b), Florida Statutes (1991), provides in part that: "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....

...He also argues that his convictions should be reversed because the jury learned that cocaine-contaminated water in a beaker weighed 251 grams. Both the conspiracy and the substantive offenses of which he was convicted required proof that 200 or more grams of cocaine were involved. § 893.135(1)(b)1.b., Fla....

...Michael Billmeier, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Elmario Clay challenges his sentence as a habitual felony offender imposed after he pled guilty to trafficking cocaine (more than 28 grams, but less than 200 grams), a violation of section 893.135(1)(b)1.a., Florida Statutes....

...See id. at 901; Nelson v. State, 719 So.2d 1230 (Fla. 1st DCA 1998); see also Rainey v. State, 741 So.2d 1207 (Fla. 1st DCA 1999). On the authority of Stanford, we reverse. The habitual offender sentence imposed on Clay is an illegal sentence because section 893.135(1)(b)1.a....

...1st DCA 1999); Stanford, 706 So.2d at 901-02. However, because Clay was sentenced pursuant to a negotiated plea, the sentence is not vacated; but the cause is remanded to the trial court where the state shall be given an opportunity to agree to resentencing within the requirements of section 893.135(1)(b)1.a....

...The state did not prove when appellant's fingerprint was made, but the other evidence mentioned above eliminated the need for such proof. The crucial question, however, concerns the sufficiency of the state's evidence as to the other elements of the crime charged, trafficking in cocaine. Section 893.135(1)(b), Florida Statutes, and the instant information, required the state to prove that appellant "knowingly" sold, or was "knowingly in actual or constructive possession of, 28 grams or more of cocaine"....

...t the 3-year minimum imprisonment provision of section 775.087(2), Florida Statutes, is hereby imposed for the sentence specified in this count. Drug Trafficking ____ It is further ordered that the _______ mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for the sentence specified in this count....

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

...*364 Salvatore D. Mollica, Gainesville, for appellant. Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. Jordan appeals his conviction of the offense of trafficking in cannabis, greater than 100 pounds. Section 893.135(1)(a), Florida Statutes (Supp....

...NOTES [1] We recognize the difference between aiding a seller in the divestiture of a drug, as in Stephenson, Daudt, and Kickasola, and aiding a purchaser in the acquisition of a drug, as in the instant case, but conclude that neither situation encompasses aiding in the possession of the drug. [2] Section 893.135, Florida Statutes (1987) provides: 893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking....

...y shall be known as "trafficking in cocaine." If the quantity involved: 1. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years and to pay a fine of $50,000. [3] Section 893.135(5), Florida Statutes (1987) provides: Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) is guilty of a felony of the first degree and is punishable as if he had actually committed such prohibited act....

...This appellant, whose conviction was previously affirmed, now seeks relief based on our subsequent reversal of the conviction of his co-defendant. Appellant and a co-defendant were convicted of trafficking in cocaine in excess of 400 grams, a violation of section 893.135(1)(b), Florida Statutes (1989)....

...Bell appealed contending the trial court erred in sentencing him on all three counts. We agree and vacate the two sentences for the sale and possession of controlled substances. [2] *320 Anyone who knowingly sells or is knowingly in actual or constructive possession of illegal drugs is guilty of trafficking in illegal drugs. § 893.135(1)(c), Fla....

...It seems to me, however, that Monroe and Hegstrom are in conflict with the double jeopardy clause of the Fifth Amendment of the United States Constitution. COWART, Judge, concurring in part and dissenting in part: The statutory offense of "trafficking in illegal drugs," § 893.135(1)(c), Fla....

...offense." Accordingly, I would affirm the conviction and sentence as to the trafficking offense and reverse the convictions, as well as the sentences, relating to both the possession and the sale offenses. NOTES [1] §§ 893.13(1)(a), 893.13(1)(e), 893.135(1)(c), Fla....

...re when the state failed to prove the precise weight of the cocaine. Second, he asserts that the state failed to present sufficient evidence to support his conviction for conspiracy to traffic in cocaine. Velunza's first contention is without merit. Section 893.135(1)(b), Florida Statutes (1983), states that: Any person who knowingly sells, 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....

...s "trafficking in cocaine." (Emphasis added.) Recognizing that cocaine is generally marketed in a diluted or impure state, the supreme court, in State v. Yu, 400 So.2d 762 (Fla. 1981), concluded that the legislature intended to classify offenders of section 893.135(1)(b) according to the amount of the substance containing the cocaine and not by the amount of pure cocaine....

...fense of conspiracy to traffic in cocaine, we hold that the evidence fails to prove the conspiracy. We therefore reverse the conspiracy conviction. Affirmed in part; reversed in part. NOTES [1] Velunza expresses concern that the sentencing scheme of section 893.135(1)(b) creates unequal and absurd results because possession of pure cocaine and possession of the same amount of cocaine mixed with another substance is viewed as a different offense....

...Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. This is a timely appeal from a judgment of conviction and sentence of fifteen years' imprisonment for the offense of trafficking in cocaine in violation of section 893.135(1)(b), Florida Statutes (1985)....

...Butterworth, Atty. Gen. and Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for appellee. JOANOS, Judge. This is an appeal of a judgment and sentences of appellant for trafficking in cocaine while in possession of a firearm under sections 775.087(1)(a), and 893.135(1)(b), Florida Statutes (1985), and for possession of cocaine under section 893.13(1)(e), Florida Statutes (1985)....

...3, 1987); Smith, 438 So.2d at 10. Appellant's trafficking offense, as with many drug possession offenses, was essentially ongoing. Appellant was in violation of the law during the entire time he was in possession of a sufficient quantity of cocaine to constitute trafficking under section 893.135(1)(b)....

..., or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows: (a) In the case of a felony of the first degree, to a life felony. In pertinent part, section 893.135(1)(b), Florida Statutes, (1985) provides: Any person who knowingly sells, 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 § 8...

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

...pated in a conspiracy to deliver the cocaine. In Way v. State, 475 So.2d 239 (Fla. 1985), the supreme court stated: We agree that knowledge of the nature of the substance possessed is an essential element to the crime of trafficking in cocaine under section 893.135(1)(b)1....

...Accordingly, we affirm the trial court's ruling that filing this motion constitutes an abuse of process. We further bar Johnson from filing any further pro se pleadings with this court concerning his conviction and sentence in this case. AFFIRMED. DAUKSCH and THOMPSON, JJ., concur. NOTES [1] § 893.135(1)(b)1., Fla....

...The verdict form gave the jury only two options on count 1, conspiracy to traffic in cocaine: "guilty as charged" or "not guilty." Notably, count 1 of the amended information charged Mr. Delemos with conspiring to "traffic in 400 grams or more of cocaine, in violation of Florida Statutes 893.135(5) and 893.135(1)(b)." The jury returned a verdict of guilty as charged on count 1....

...n amount in excess of 400 grams. The jury also returned a verdict of guilty as charged on count 7, a misdemeanor offense. At sentencing, the trial judge initiated a discussion regarding whether the fifteen-year minimum mandatory sentence required by section 893.135(1)(b)(1)(c), Florida Statutes (2001), applied both to the conspiracy to traffic in cocaine charge as well as the trafficking in cocaine charge....

...[3] The trial court granted the motion to correct sentencing error. In a written order, the trial court directed the clerk of the circuit court to enter amended sentencing documents deleting the fifteen-year minimum mandatory term on count 1 and replacing it with a three-year minimum mandatory term as required by section 893.135(1)(b)(1)(a)....

...Rule 3.800(a) only allows the trial court to modify an "illegal" sentence. We are *550 not completely convinced that the sentence originally imposed on count 5 was an "illegal sentence," even though it lacked the minimum mandatory term required by section 893.135(1)(b)(1)(c)....

...John Swider and Thomas Swidersky plead guilty to possession of cocaine more than twenty-eight grams and were convicted and sentenced to five years of drugoffender probation. The State appealed, and we reversed, holding that the sentence was illegal under section 893.135....

...ith instructions to retry the Defendants without unnecessary delay. See Goene, 577 So.2d at 1306; Wright, 599 So.2d at 179. REVERSE AND REMAND POLEN, C.J., GUNTHER and WARNER, JJ., concur. NOTES [1] The Defendants were charged with trafficking under section 893.135....

...Douglas Brinkmeyer, Asst. Public Defender, for appellant. Robert A. Butterworth, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., for appellee. WENTWORTH, Judge. Appellant seeks review of consecutive mandatory minimum sentences which were imposed pursuant to section 893.135, Florida Statutes, for trafficking in cocaine, conspiracy to traffic in cocaine, and conspiracy *397 to traffic in cannabis....

...Appellant and his companions were arrested and after a jury trial appellant was convicted of conspiracy to traffic in cannabis and both trafficking and conspiracy to traffic in cocaine. Consecutive mandatory minimum sentences were imposed pursuant to section 893.135, Florida Statutes, for each offense....

...Ames, 467 So.2d 994 (Fla. 1985). While these cases addressed the imposition of mandatory minimum sentences for the possession of a firearm during the commission of a felony, the rationale expressed is likewise applicable to mandatory minimum sentences imposed pursuant to section 893.135 for trafficking in contraband narcotics....

...Harper, Jr., Tallahassee, for appellant Vastola. Jim Smith, Atty. Gen., and David P. Gauldin, Asst. Atty. Gen., for appellee. NIMMONS, Judge. Orantes and Vastola appeal their convictions of conspiracy to traffic in cannabis in violation of Sections 777.04 and 893.135, Florida Statutes (1981)....

...cation of the King rule. See Cristadero v. State, 426 So.2d 977 (Fla. 4th DCA 1982); cf. United States v. Lee, 622 F.2d 787 (5th Cir.1980). Appellants further contend that the trial court erred in denying their motions to dismiss on the grounds that Section 893.135, Florida Statutes, should have been regarded as unconstitutional as applied to them. They contend that in a reverse sting operation such as this, it is impossible for the defendant to have the opportunity to relief under Section 893.135(3) from the mandatory sentence provisions of the statute....

...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 he finds that the defendant rendered such substantial assistance. We reject appellants' argument because the mandatory minimum sentence provisions of Section 893.135 were not even applicable to them inasmuch as they were only charged with conspiracy to violate Section 893.135....

...[1] Nor did the trial court impose any mandatory minimum sentence. He simply sentenced Vastola and Orantes, respectively, to terms of five years and three years imprisonment. The appellants are hardly in a position to urge the above constitutional issue. Even if Section 893.135 did encompass conspiracies and its mandatory minimum provisions applied to such conspiracies as well as the completed acts, the appellants' arguments would still be unavailing....

...ing" in this reverse sting operation, and find such points to be without merit. AFFIRMED. MILLS and SMITH, JJ., concur. NOTES [1] We note that, by virtue of Chapter 82-2, Laws of Florida, the present statute now includes conspiracies to traffic. See Section 893.135(4), Florida Statutes (1983)....

...Bill McCollum, Attorney General; and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, J. Daniel A. Taylor (Appellant) was convicted of trafficking in cannabis (marijuana) in an amount in excess of 25 pounds, in violation of section 893.135(1)(a)1., Florida Statutes (2006), and was sentenced to 10 years' incarceration (with a 3-year mandatory minimum term), to be followed by 10 years' probation....

...He argues that since possession is a lesser included offense of possession with intent to sell, the trial court erred in imposing sentences for both convictions. A close examination of the record reveals that appellant was in essence charged under section 893.135(1)(b)2, Florida Statutes (1981), since both Count II of the information and that particular subsection list a specific amount of cocaine: 200 grams or more, but less than 400 grams....

...ami Police Department. [3] The trial court failed, however, to impose the minimum mandatory three year sentence for trafficking. Without a transcript of the sentencing hearing, we are at a loss to explain why he did not do so. We note, however, that section 893.135(3) allows a trial court to reduce or suspend the minimum mandatory sentence if the defendant provides substantial assistance to the state attorney in identifying, arresting, or convicting accomplices, accessories, co-conspirators, etc...

...o a substantial assistance agreement and provide the police department with information on drug activities. Kuffer's information on the appellant helped the police make a new case. Thus it would not constitute substantial assistance under Fla. Stat. 893.135(3), see Campbell v....

...Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee. BARKETT, Judge. Appellant Robert Cronin was convicted of trafficking in cannabis (marijuana) in an amount in excess of 10,000 pounds in violation of section 893.135(1)(a)3, Florida Statutes (1983). Appellant was sentenced to the mandatory minimum jail sentence of 15 years, and ordered to pay a fine of $250,000.00. See § 893.135(1)(a)3....

...NOTES [1] If appellant had successfully proven that the marijuana weighed less than 10,000 pounds (but more than 2,000 pounds) his mandatory minimum jail sentence would have been reduced from 15 years to 5 years, and the amount of his fine would have been decreased. See § 893.135(1)(a)2, Fla....

...Haley had referred to Kocol as his supplier while in the motel room. Kocol took the money, and gave Haley a quantity of cocaine for delivery to the informant. That quantity was subsequently ascertained to be 27.58 grams of cocaine. Since the crime of trafficking in cocaine requires a minimum of 28 grams per section 893.135(1)(b), Florida Statutes (1987), the state elected to charge Kocol with conspiracy rather than actual trafficking, and added counts of sale and possession even though only one quantum of cocaine was involved....

...Each tested capsule contained heroin, but the total weight of the tested substance was less than the required statutory amount. The chemist then commingled the contents of the capsules taken from each package prior to weighing, and concluded that the mixture contained enough heroin to violate section 893.135(1)(c), Florida Statutes (1985)....

...Capsules containing a powdery white substance are not distinguishable from the plastic packets in Ross. Ross requires that the chemist test samples from each of the capsules and that the total weight of the randomly tested material equal or exceed four grams. See § 893.135(1)(c), Fla....

...The question is whether the trial court erred by failing to *610 conduct a Richardson hearing [1] before permitting the state to use the defendant's undisclosed oral statements for impeachment purposes. We find error and reverse. Defendant was arrested and charged with trafficking in marijuana, a violation of section 893.135(1)(a)(1), Florida Statutes (1983)....

...There being no other evidence connecting Lopez to the cocaine found in the closet, he was entitled to a judgment of acquittal in its regard. Based on the contraband found in Lopez's automobile, the evidence was sufficient to convict him of the first degree felony offense of trafficking in cocaine pursuant to section 893.135(1)(b), Florida Statutes (1995)....

...or the offense are stratified according to the quantities involved. Based on his conviction of trafficking in more than 400 grams of cocaine, Lopez was sentenced to a fifteen-year mandatory minimum prison term and fined $250,000, both as required by section 893.135(1)(b)1.c. If properly convicted of trafficking only in the 64 grams of cocaine found in his car, Lopez would have been subject to a guidelines sentence with no mandatory minimum prison term, and a fine of $50,000. Section 893.135(1)(b)1.a., Fla. Stat. (1995). Therefore, we remand with directions to amend the final judgment to reflect a conviction for trafficking in cocaine in violation of section 893.135(1)(b)1.a., and to resentence Lopez accordingly....

...We deny the state's petition for writ of certiorari and adopt the following well-reasoned opinion of the trial court: Defendant is charged by an information which alleges that she did "knowingly sell, deliver, or bring into this State, or was knowingly in actual or constructive possession of 400 grams or more of cocaine." Section 893.135(1)(b), Florida Statutes, provides that "any person who knowingly sells, ..., delivers, or brings into this State, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine" is guilty of trafficking in cocaine....

...aterial except to set the punishment. *412 Again, if § 893.13 were involved, that argument could better be made because the offense is described in each subsection as being in the actual or constructive possession, etc. of "a controlled substance." Section 893.135, however, has five subsections each of which names a specific drug which must be possessed, etc., to constitute the offense....

...Under § 893.13, which, as has been discussed, does not have a knowledge requirement, the Third District has ruled that a charge of sale of heroin could not be proved by the evidence of a sale of morphine. Jimenez v. State, 231 So.2d 26 (Fla. 3d DCA 1970). Under § 893.135(1)(b) which does have a knowledge requirement, it would follow that proof of trafficking in cocaine would not support a charge of trafficking in marijuana or vice versa....

...thority for such an imposition or delete it from the written special conditions of probation. Thomas v. State, 633 So.2d 1122 (Fla. 5th DCA 1994). AFFIRMED in part; REVERSED in part; and REMANDED. COBB, DIAMANTIS and THOMPSON, JJ., concur. NOTES [1] § 893.135(1)(b)(1), Fla....

...The issue Johnson raised in this petition is not identical to the one previously raised but raises a similar constitutional challenge to the drug trafficking statute. The incoherent petition frames the issue as follows: Whether Chapter 96-388 as amended on July 1, 1996 to section 893.135(b)(1), (a), (b) and (c), Florida Statutes (1996), was unconstitutionally vague, and overbroad to their reenactment as part of the Florida Statutes, in violation of Article I, Section 9 of the Florida Constitution and the 6th and 14th Amendment of the United States Constitution....

...The trial court concluded that the arresting officers did not have a founded suspicion of criminal activity and the search was therefore illegal. We reverse, concluding that the search was legal because Wynn abandoned his truck. Wynn was charged with trafficking in cocaine, pursuant to section 893.135(1)(b)1, Florida Statutes (1991) and possession of cocaine with intent to sell, purchase, manufacture or deliver within 200 feet of a public housing facility, pursuant to section 893.13(1)(i), Florida Statutes (1991)....

...lant. Robert A. Butterworth, Atty. Gen., and A.E. Pooser, IV, Asst. Atty. Gen., Tallahassee, for appellee. WIGGINTON, Judge. Cefice Jenkins was found guilty as charged of conspiracy to traffic in more than 28 grams of heroin in violation of sections 893.135 and 777.04, Florida Statutes....

...[2] For the foregoing reasons, the judgment of conviction and sentence are reversed and the cause is remanded for a new trial. REVERSED and REMANDED. JOANOS and BARFIELD, JJ., concur. NOTES [1] On this point, Jenkins argues that he was not specifically charged in the information under section 893.135(5), the trafficking conspiracy subsection, but was charged instead under the general conspiracy statute, section 777.04, which provides that the main offense be reduced to a second degree felony....

...here there is an express provision made by law for the punishment of such conspiracy. The "express provision" for the mandatory minimum sentence of 25 years' imprisonment for conspiracy to traffic in more than 28 grams of heroin is found in sections 893.135(5) and 893.135(1)(c)3....

...Accordingly, no improper seizure occurred in this case. The defendant also challenges his sentence, arguing that the seven year minimum mandatory sentence imposed upon him is illegal because the authorizing legislation, the "Three Strikes Violent Felony Offender Act", section 893.135 as amended by Chapter 99-188, Laws of Florida, violates the single subject provision of Florida's Constitution....

...Chapter 99-188's constitutional infirmity, and that said enactment applies retroactively. Accordingly, we affirm the defendant's sentence based upon the ruling in Hersey. Judgment and Sentence AFFIRMED. COBB and HARRIS, JJ., concur. NOTES [1] See §§ 893.135; 893.03, Fla....

...that the 3-year minimum imprisonment provision of section 775.087(2), Florida Statutes, is hereby imposed for the sentence specified in this count. Drug Trafficking ____ It is further ordered that the ____ mandatory minimum imprisonment provision of section 893.135(1), Florida Statutes, is hereby imposed for the sentence specified in this count....

...KOGAN, C.J., and OVERTON, HARDING and ANSTEAD, JJ., concur. *382 WELLS, J., dissents with an opinion. PARIENTE, J., recused. WELLS, Justice, dissenting. Petitioner was arrested for possessing more than twenty-eight grams of cocaine and ultimately convicted of violating sections 893.135(1)(b)1 and 893.13(1)(a), Florida Statutes (1995)....

...This case is a stronger case than Gibbs for rejecting a double jeopardy challenge because the second offense here is not simple possession as in Gibbs but possession with intent to sell/deliver. There are several ways to analyze the differences between these crimes. Pursuant to section 893.135(1)(b), Florida Statutes (1995), a person traffics in cocaine either by knowingly selling, delivering or bringing into this state 28 grams or more of cocaine or by being in actual or constructive possession of 28 grams or more of cocaine....

...leads to the conclusion that there is no double jeopardy violation. Moreover, there is no indication that the legislature intended anything other than dual convictions in a situation such as the one before us. Accordingly, I would affirm. NOTES [1] Section 893.135 prohibits the possession of 28 grams or more of cocaine and provides in relevant part: 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 ... but less than 150 kilograms of cocaine ... commits a felony of the first degree, which felony shall be known as "trafficking in cocaine." § 893.135(1)(b)(1), Fla....

...Grantham pleaded nolo contendere to the charge of "armed" trafficking in methamphetamine for events occurring in September 1996. In 1996, trafficking in methamphetamine, for a quantity more than 28 grams but less than 200 grams, was a first-degree felony. See § 893.135(1)(f)(1)(b), Fla....

...The jury returned a verdict finding appellant guilty of trafficking in cocaine and possession of drug paraphernalia. Appellant has not appealed the latter conviction. Appellant was convicted for trafficking more than 200 grams, but less than 400 grams, of cocaine in violation of section 893.135(1)(b)1.b., Florida Statutes (2002)....

...Defendants Jacobs and Cullen challenge the trial court's order denying their motions to correct allegedly illegal sentences. We affirm. The state charged defendants with trafficking in cocaine in excess of 400 grams. Under that charge, defendants were subject to mandatory minimum sentences of fifteen years imprisonment. § 893.135(1) (b)3, Fla....

...State, 497 So.2d 288 (Fla. 1st DCA 1986) (same; certifying question), cause dismissed, 501 So.2d 1282 (Fla. 1987); Rowe v. State, 496 So.2d 857, 859 (Fla. 2d DCA 1986). NOTES [1] The mandatory minimum sentence for the reduced charge is five years. § 893.135(1)(b)2, Fla....

...Hernandez, Mederos, Castano, Hincapie and the defendant were charged with trafficking in cocaine by delivering cocaine or aiding, abetting, counseling, hiring or procuring the delivery, and/or by knowingly being in actual or constructive possession of four hundred grams of cocaine in violation of section 893.135, Florida Statutes (1983)....

...It was held there that a buyer or receiver of drugs commits a crime of possession or attempted possession, not delivery. We further noted that if the offense charged had been trafficking, the defendant could have been convicted of an attempted trafficking by possession in violation of sections 893.135(1)(a) and 777.04(1), Florida Statutes (1983), but not of the completed offense because police officers effected an arrest before the drugs were released to the actual or constructive possession [1] of the defendants....

...13(1)(e), Florida Statutes (Supp. 1980); Count II alleged possession with intent to sell, in violation of section 893.13(1)(a), Florida Statutes (Supp. 1980); Count III alleged importation of more than one hundred pounds of cannabis, in violation of section 893.135(1)(a), Florida Statutes (Supp....

...tencing guidelines are improper. The first reason for departure is that the quantity of cocaine involved, 170 grams, is an amount very close to the 200 gram limit for the offense of trafficking in cocaine. The offense of trafficking in cocaine under Section 893.135, Florida Statutes (1984) requires the actual or constructive possession of any amount over 28 grams of cocaine but is divided into categories of 28 to 200 grams, 200 to 400 grams and over 400 grams for purposes of mandatory sentencing....

...for conviction. Guerrero v. State, 484 So.2d 59 (Fla. 2d DCA) (965.4 grams); Pursell v. State, 483 So.2d 94 (Fla. 2d DCA 1986) (1,952.5 grams). The amount of cocaine involved here did not far enough exceed the 28 grams necessary for conviction under Section 893.135, Florida Statutes (1984) to justify departure....

...ent and inducement. The sentencing *1257 judge denied the motion. Defendant now brings this timely appeal of his sentence. We agree with the trial court that the 15-year minimum sentence was mandatory unless the prosecutor recommended otherwise. See § 893.135(1)(b), Fla....

...4th DCA 1982) (reversing court's sua sponte mitigation of the mandatory minimum sentence with no appropriate motion by the State Attorney); Hill v. State, 624 So.2d 826 (Fla. 2d DCA 1993) (holding that trial courts may not depart from the minimum mandatory sentencing because "[t]he inclusion in section 893.135 of the proscription against suspending, deferring or withholding the mandatory penalty reflects a legislative intent to strengthen the punishment for large scale drug trafficking."); State v....

...Gallagher, 573 So.2d 164 (Fla. 4th DCA 1991) (reversing the imposition of a sentence below the mandatory minimum for trafficking in marijuana in excess of one hundred but less than two thousand pounds where the state did not move to reduce the defendant's sentence pursuant to section 893.135 because "[w]ithout such a motion and a finding of substantial assistance, the trial court lacked the authority to impose the reduced sentence"); State v....

...Before that, Garces had not heard the men identify themselves as police. He testified he did not have any drugs on his person or in his car, and he had no idea that Canevaro had drugs and was planning to sell them. Garces was initially charged with trafficking in cocaine, in violation of Fla. Stat. § 893.135; aggravated assault, in violation of Fla....

...the car and might have mistaken some other noise for gunfire. 2 The few state court documents that are in the record are inconsistent as to whether the charge to which Garces ultimately pleaded was trafficking in cocaine, Fla. Stat. § 893.135, or sale of an opium derivative, Fla....

...1182(a)(2)(A)(i)(II), he would have been inadmissible as an alien convicted of violating a state law “relating to a controlled substance” for which the maximum possible penalty exceeded one year’s imprisonment. Id. § 1182(a)(2)(A)(ii)(II); see Fla. Stat. §§ 893.135(1)(b)(1) and 775.082(3)(b) (first degree felony punishable by up to thirty years in prison)....

...Accordingly, Mr. Gamble is entitled to be resentenced with a corrected scoresheet. See Goodwin v. State, 600 So.2d 1310 (Fla. 5th DCA 1992). JUDGMENTS AFFIRMED; SENTENCES VACATED; and CAUSE REMANDED FOR RESENTENCING. DAUKSCH and GOSHORN, JJ., concur. NOTES [1] §§ 893.135(1)(b) 1.a., 775.087(1), Fla. Stat. (1993). [2] § 790.01(2), Fla. Stat. (1993). [3] § 316.1935, Fla. Stat. (1993). [4] § 893.135(1)(b) 1.a., Fla....

...Any departure from the sentencing guidelines must be supported by written reasons existing at the time of the original sentencing. In no event shall the new sentence exceed 83.2 months incarceration. SENTENCE VACATED and CAUSE REMANDED with instructions. W. SHARP, and PETERSON, JJ., concur. NOTES [1] See § 893.135(1)(b)1.a, Fla....

...In the absence of any specific contrary legislative intent, we interpret the Youthful Offender Act, chapter 958, to be a separate statutory scheme for treatment of those young defendants to whom the act applies, regardless of the nature of their crimes. While we recognize that the legislative intent behind section 893.135's minimum mandatory sentencing requirements for certain drug offenses is to provide severe punishment for those who are engaged in narcotic trafficking in an effort to take strong measures to combat Florida's drug problems, we do not...

...State, 376 So.2d 1166 (Fla.1979); Stovall v. State, 252 So.2d 376, 378 (Fla. 4th DCA 1971). *335 Labadie has cited many federal cases in his appeal. After reviewing them, we find none applicable to this case. AFFIRMED. SAWAYA and PLEUS, JJ., concur. NOTES [1] §§ 893.135(1)(a)1 and (5), Fla. Stat. (2000). [2] § 893.135(1)(a)1, Fla....

...State, 373 So.2d 672 (Fla. 1979) [F.S. 847.011(7) authorizing seizure of obscene materials was assailed both as facially invalid and unconstitutional as applied]. Orantes v. State, 452 So.2d 68 (Fla. 1st DCA 1984), pet. for rev. den, 461 So.2d 115 (Fla. 1984) (F.S. 893.135, the mandatory drug trafficking sentencing statute attacked on motion as being unconstitutional, as applied)....

...Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. ORFINGER, Judge. Defendant appeals from a judgment of conviction following a guilty plea to a charge of trafficking in cannabis in violation of section 893.135(1)(a), Florida Statutes (1981), and from the imposition of the three-year minimum sentence required by that statute. Defendant contends that the State was bound to honor the agreement on which the guilty plea was based that it would move the court to mitigate defendant's sentence pursuant to section 893.135(3), [1] in return *526 for defendant's substantial assistance in making at least two drug busts with a specified minimum dollar value....

...5th DCA 1981). The judgment of conviction and sentence are reversed and the cause is remanded with directions to vacate the plea and for further proceedings consistent herewith. REVERSED and REMANDED. COBB, C.J., and FRANK D. UPCHURCH, Jr., concur. NOTES [1] Section 893.135(3), Florida Statutes, provides: 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 identifica...

...Monestime contends that the trial court erred in admitting a photograph of a gun discovered with the contraband, and that he did not meet the knowledge requirement for the money laundering charge. We disagree, and affirm. Monestime was charged with trafficking in over 400 grams of cocaine, in violation of section 893.135(1)(b)(1)(C), Florida Statutes (2009), and with money laundering of an amount over $100,000, in violation of section 896.101(5)(c), Florida Statutes (2009)....

...s discharged from the offense charged in the information. SMITH and WIGGINTON, JJ., concur. NOTES [1] The trial court's order withholding adjudication and placing the defendant on probation describes the applicable criminal statute erroneously as "F.S. 893.135(a)(b)(1)." The correct statutory reference is Section 893.13(1)(a)1....

...to sell cocaine, was obstensibly a lesser-included offense of the crime charged in the one-count information. The information charged that the defendant was in "possession of 28 grams (one ounce) or more of a mixture containing cocaine, contrary to Section 893.135(1)(b)1, Florida Statutes." Although the information does not allege all of the essential elements of the crime of possession with intent to sell cocaine under Section 893.13(1)(a)1, neither party has raised the issue of whether the of...

...n 397.12, Florida Statutes (1981), for conspiracy to traffic in heroin and trafficking in heroin. We reverse and remand. The state filed a four-count information charging Edwards with conspiracy to traffic in heroin, in violation of sections 777.04, 893.135(1)(c)1 and 777.011, Florida Statutes (1981); trafficking in heroin, in violation of sections 893.135(1)(c)1 and 777.011; delivery of heroin, in violation of section 893.13(1)(a)1; and possession of heroin, in violation of section 893.13(1)(e)....

...It is not the objective and intent of chapter 397 that one who is accused of committing such offenses, which concern drug trafficking, not drug abuse, be treated under section 397.12. Moreover, these offenses cannot be treated under section 397.12 because they involve violations of sections 893.13(1)(a)1 and 893.135(1)(c)1, not section 893.13(1)(e) or (1)(f) relating to possession....

...nolo contendere as to all counts. REVERSED and REMANDED. RYDER, C.J., concurs. GRIMES, J., concurs specially. GRIMES, Judge, concurring specially. Appellant's convictions of conspiracy to traffic in heroin and trafficking in heroin are controlled by section 893.135(1)(c)1, Florida Statutes (1981), which requires a minimum mandatory sentence of three years and a fine of $50,000. This is in conflict with section 397.12 (1981), which authorizes a person convicted of violating any provision of chapter 893 to be placed in the DACCO program in lieu of sentencing. Section 893.135 is the later enacted statute which reflects a legislative intent to strengthen the penalties for large scale drug trafficking. [1] As explained in Judge Hobson's opinion, section 397.12 seems to be directed at drug users rather than drug traffickers. Therefore, I am convinced that drug traffickers convicted under section 893.135 may not be referred to the DACCO program in lieu of receiving a minimum mandatory sentence....

...Because defendant was convicted of conspiracy, the offense becomes a third degree felony and scores at 10 points. See § 777.04(e), Fla. Stat. (1993). Defendant argues that even though he possessed approximately 20 kilos of cocaine in connection with this charge, section 893.135(1)(b)(5), Florida Statutes (1993) (which provides that any person who conspires to traffic cocaine in the amount possessed by defendant commits a felony in the first degree), does not apply because under federal law, the quantity of drugs does not constitute an element of the crime....

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

...Bill McCollum, Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Chief Judge. Mark O'Hara was convicted of trafficking in hydrocodone based on his possession of 58 Vicodin tablets containing that substance. See § 893.135(1)(c)(1)(c), Fla....

...We hold that O'Hara was entitled to the instruction, and, accordingly, we reverse his conviction and remand for a new trial. O'Hara contends that section 499.03(1), Florida Statutes (2004), and section 893.13(6) each provide a "prescription defense" to a charge of trafficking by possession under the drug trafficking statute, section 893.135....

...stance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice . . . . § 893.13(6)(a) (emphasis supplied). The drug trafficking statute, section 893.135, contains no express language setting forth a prescription defense....

...However, its proscriptions against the sale, delivery, or possession of trafficking amounts of certain drugs are prefaced by the following qualification: " Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13: . . ." § 893.135(1) (emphasis supplied). O'Hara argues that the emphasized language makes the above-quoted prescription defenses available to the defendant in a trafficking prosecution under section 893.135....

...Therefore, hydrocodone is a "legend drug" for purposes of section 499.03(1). As such, the statute does not prohibit its possession if "possession of the drug has been obtained by a valid prescription of a practitioner licensed by law to prescribe the drug." Because the first subsection of the trafficking statute, section 893.135(1), excepts acts authorized under chapter 499 from the ambit of the described crimes, the authorized possession of hydrocodone under section 499.03(1) could provide a defense to O'Hara's trafficking charge....

...It would appear, then, that section 499.03(1) authorizes a person to possess a legend drug, including hydrocodone, if he obtained the drug by a valid prescription. Further, that authorization has been expressly incorporated in the trafficking statute by the introductory sentence of section 893.135(1)....

...State, 641 So.2d 45, 46 (Fla.1994) ("[A] specific statute covering a particular subject area always controls over a statute covering the same and other subjects in more general terms."). Consequently, we must also address the applicability of the section 893.13 prescription defense to a trafficking charge under section 893.135. For this discussion, we return to the introductory sentence of the trafficking statute, section 893.135(1)....

...ion. But the State maintains that the second phrase of the sentence wholly precludes any reliance on section 893.13 in trafficking cases: "Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13: . . ." § 893.135(1) (emphasis supplied). This, according to the State, is "plain language" that means none of the provisions of section 893.13 can ever apply to the crimes delineated in section 893.135....

...Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla. 1992). Whenever possible, we must give full force to all statutory provisions. Doe v. Dep't of Health, 948 So.2d 803, 808 (Fla. 2d DCA 2006). Applying these principles here, it is obvious that sections 893.13 and 893.135 are part of a statutory scheme addressing the possession of controlled substances, with the latter statute imposing more severe penalties for possessing larger, "trafficking," amounts of the drugs. And, indeed, the legislative history of the phrase at issue here—"and notwithstanding the provisions of s. 893.13"—informs us that its very purpose was to harmonize the two statutes. The language was added to section 893.135 in 1980....

...d in the Senate staff analysis, but it took a different approach. Instead of adding new exceptions *844 to section 893.13, as proposed in the analysis, the bill deleted the existing exceptions in that statute and amended the introductory sentence of section 893.135 to include the language on which the State now relies....

...a man who possessed hydrocodone that he obtained by prescription. At the time of his arrest, O'Hara had 58 Vicodin tablets in his possession, but under the State's theory he would have violated the trafficking law even if he had possessed far fewer. Section 893.135(1)(c)(1)(a) establishes a three-year minimum mandatory prison term for possession of "4 grams or more, but less than 14 grams" of hydrocodone....

...Under the statute, when a controlled substance is mixed with another substance in a pill, the weight of the controlled substance is deemed to be the total weight of the mixture, "including the controlled substance and any other substance in the mixture." § 893.135(6)....

...Under the trafficking statute, that many Vicodin tablets would be deemed to contain over 30 grams of hydrocodone. According to the State's reasoning in this case, any patient who had the doctor's prescription filled was subject to a twenty-five year minimum mandatory prison term and a mandatory fine of $500,000. See § 893.135(1)(c)(1)(c) (specifying penalty for possessing 28 grams or more, but less than 30 kilograms)....

...rescribed Vicoden tablets would face a minimum mandatory prison term of 25 years and a fine of $500,000. But if the 60 tablets in his possession were Vicoprofen, his minimum mandatory punishments would be fully ten years fewer and $400,000 less. See § 893.135(1)(c)(1)(b) (specifying penalty for possessing 14 grams or more, but less than 28 grams)....

...tect the public from the illicit trade in narcotics and its duty to ensure the ability of the afflicted to obtain drugs that are critical to their well-being. It is impossible to reconcile that endeavor with the State's position about the meaning of section 893.135(1)....

...Brummer, Public Defender, and Michael A. Rosen, Sp. Asst. Public Defender, for appellant. Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee. Before HENDRY, BASKIN and JORGENSON, JJ. BASKIN, Judge. Defendant Echevarria was charged, pursuant to section 893.135(1)(b), Florida Statutes (1983), with trafficking in cocaine by the possession of 400 grams or more of cocaine....

...ence in case number 95-3049. In addition, in circuit court case numbers 95-4623 and 96-06981, Virgil was sentenced as a habitual felony offender to trafficking in cocaine, 28 grams or more but less than 200 grams. These sentences are illegal because section 893.135(1)(b)(1)(a) of the Florida Statutes provides that if the quantity of the cocaine involved is 28 grams or more but less than 200 grams, the defendant shall be sentenced pursuant to the sentencing guidelines....

...4th DCA 1990), held there had been a due *255 process violation and vacated Krajewski's conviction. The district court, obviously concerned with the effect its ruling would have on the use of convicted drug informants in drug cases, certified the following question: DOES THE PERFORMANCE OF AN AGREEMENT UNDER SECTION 893.135(4)[, FLORIDA STATUTES (1989),] AS AMENDED [CH....

...These factors indicate that the police did not manufacture the crime. 3. No violation of the process occurred as indicated in Hunter v. State, 531 So.2d 239 (Fla. 4th DCA 1988). Horizontal substantial assistance was made acceptable by an amendment to F.S. 893.135(3), which post dated the substantial assistance that occurred in Hunter....

...Jorandby, Public Defender, and Ellen Morris, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee. LETTS, Judge. The defendant was charged with violating section 893.135(1)(b)1.a, Florida Statutes (1989), which states in part that the crime of trafficking in cocaine is committed by "any person who is knowingly in actual or constructive possession of 28 grams or more of cocaine......

...ration on the trafficking possession count to 9 years. Defendant timely appealed. The state has neither appealed, nor cross-appealed, on the sentencing issue. I. The Conviction. Gartrell was charged in count II of the information with a violation of section 893.135(1)(b)1.a, Florida Statutes (1991) [trafficking possession], which provides in pertinent part: 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....

...1st DCA 1989) ("[The] court may not impose a greater sentence once [the] defendant starts to serve original sentence."); See Madrigal v. State, 545 So.2d 392, 395 (Fla. 3d DCA 1989) ("[T]he prosecutor had the right, and the binding duty if Madrigal complied, to recommend a sentence less than that provided by section 893.135(1)(b)(2), Florida Statutes (1985)."); State v....

...Consequently, an analysis of the amendment is appropriate. The reclassification amendment in the instructions was made in response to the case of Rotenberry v. State, 468 So.2d 971 (Fla. 1985). In Rotenberry, the defendant was convicted of trafficking in cocaine, in violation of Section 893.135, Florida Statutes; sale of cocaine, in violation of Section 893.13(1)(a), Florida Statutes; and possession of cocaine, in violation of section 893.13(1)(e)....

...Gen., Tallahassee, Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee. ON MOTION TO REVIEW ORDER DENYING BAIL ANSTEAD, Judge. Petitioners Charles Ray Hewitt and Robert John Hart were convicted of trafficking in cannabis in violation of Section 893.135(1)(a)....

...he judge refused to set bail after petitioners were sentenced. At issue is the constitutionality of Section 903.133, which prohibits bail pending appellate review to all persons adjudged guilty of drug trafficking in violation of Sections 893.13 and 893.135, Florida Statutes (1979)....

...tions were not for capital offenses and who do not have any previous felony convictions, should prevail over Section 903.133, Florida Statutes, which provides that defendants who are convicted of first degree felony violations of Sections 893.13 and 893.135 shall not be entitled to post-trial release under any circumstances....

...s of the current dispute. Section 903.133 provides: 903.133. Bail on appeal; prohibited for certain drug convictions. — Notwithstanding the provisions of s. 903.132, no person adjudged guilty of a first-degree felony for a violation of s. 893.13 or s. 893.135 shall be admitted to bail pending appellate review....

...[5] In our view the reasoning employed by the Supreme Court in Greene v. State , quoted, in rejecting a similar constitutional attack, is also applicable here. Upon conviction and adjudication of guilt the appellants no longer enjoy a constitutional right to bail. Greene v. State . Under the provisions of Section 893.135 the legislature has mandated that persons adjudicated guilty of violating its terms must, in most instances, serve minimum mandatory terms of imprisonment. Trial judges have virtually no discretion as to the imposition of this punishment. [6] In State v. Benitez, 395 So.2d 514 (Fla. 1981), the Florida Supreme Court upheld the constitutionality of § 893.135 against numerous constitutional attacks and commented upon the legislative purpose of the statutory scheme, of which § 903.133 is an integral part: Section 893.135 is a unique response to a serious and growing concern of the legislature regarding illegal drug activities in the State of Florida....

...nitiative of the prosecuting attorney, by permitting the court to reduce or suspend a sentence if a convicted defendant is willing to cooperate with law enforcement authorities in the detection or apprehension of others involved in drug trafficking. Section 893.135 was enacted to assist law enforcement authorities in the investigation and prosecution of illegal drug trafficking at all levels of distribution, from the importer-organizer down to the "pusher" on the street....

...o counts of possession of cocaine. The jury acquitted him of the two counts of sale or delivery of cocaine, but found him guilty of the remaining counts. He was sentenced to twenty years' imprisonment with a mandatory fifteen year period pursuant to section 893.135(1)(b)(3), Florida Statutes (1981); the district court affirmed....

...State, 701 So.2d 1258, 1261 (Fla. 5th DCA 1997)(en banc)(citing State v. Marshall, 476 So.2d 150 (Fla.1985))(the harmless error rule applies in cases involving comments on the right to remain silent). AFFIRMED. DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] A violation of Section 893.135(1)(b)(1)(c), Fla....

...Robert A. Butterworth, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee. STEVENSON, J. The appellant, Bradley Robinson, pled guilty to trafficking in cocaine in violation of Florida Statutes section 893.135, facing a mandatory minimum of 15 years imprisonment and a $250,000 fine....

...I agree that we must reverse, but I would reverse for a different reason, which is that rule 3.800 does not authorize the motion to correct an illegal sentence filed by the state in this case. The trial court knew, at the time it withheld adjudication, that the withhold may not have been authorized under section 893.135....

...ouble jeopardy implications. 24 Fla. L. Weekly at S532, ___ So.2d at ___, 1999 WL 1029285. NOTES [1] See Doumar v. State, 507 So.2d 735 (Fla. 4th DCA 1987)(holding that a trial court may not withhold adjudication for a drug trafficking offense under section 893.135)....

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

...The state appeals an order dismissing a two-count information against the defendants. We have jurisdiction. Fla.R.App.P. 9.140(c)(1)(A). We reverse. The state filed a two-count information against the three defendants charging them with trafficking in cocaine, § 893.135(1)(b), Fla....

...(1981), and conspiracy to traffic in cocaine, § 777.04(3), Fla. Stat. (1981). The trafficking count alleged that the defendants on the 15th day of September, 1983, ... did knowingly sell or deliver and/or were knowingly in actual or constructive possession of 400 grams or more of COCAINE ..., in violation of 893.135 Florida Statutes......

...with and talk to each other during the said period of time to discuss and plan details as to price, place, and time of delivery or sale of said COCAINE, and the amount of said COCAINE to be delivered, said conspiracy being in violation of 777.04 and 893.135 Florida Statutes....

...When the state charges a defendant with an act in violation of this section, it should specify which offense it is charging. See Milazzo. In the present case, however, the state is not prosecuting the defendants under section 893.13. Instead, the state has charged the defendants with violating section 893.135(1)(b), Florida Statutes (1981) in which the legislature created the felony of "trafficking in cocaine." The relevant portion of the statute provides: Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine ... is guilty of a felony of the first degree, which felony shall be known as "trafficking in cocaine." § 893.135(1)(b), Fla....

...called upon to meet. State v. Kopulos, 413 So.2d 1195 (Fla. 2d DCA), appeal dismissed sub nom. Bonk v. State, 419 So.2d 1195 (Fla. 1982). The counts of the information in the present case tracked the language of both the cocaine trafficking statute, § 893.135(1)(b), Fla....

...r Johnson frisked the defendant and discovered a quantity of cocaine being carried in a malleable lump on each one of the defendant Sands' ankles. The defendant was subsequently charged by information with: (1) trafficking in a controlled substance [893.135, Fla....

...to dismiss the information. There is admittedly no merit to this position in view of the Supreme Court's subsequently decided case of State v. Benitez, 395 So.2d 514 (Fla. 1981). We, accordingly, reject the defendant's contention on this appeal that Section 893.135, Florida Statutes (1977) is unconstitutional....

...); trafficking in oxycodone, in that he "did knowingly sell, purchase, manufacture, delivery, bring into this state, or be in actual or constructive possession of, 4 grams or more, but less than 14 grams of oxycodone, in violation of Florida Statute 893.135(1)(c)a" (Count II); and possession of a firearm or ammunition by a convicted felon, in violation of section 790.23, Florida Statutes (Count III)....

...ut objection, took judicial notice of the facts contained in the arrest affidavit. In Count I, appellant was charged with oxycodone sale or delivery (§ 893.13(1)(a), Fla. Stat. (2008)). In Count II, appellant was charged with oxycodone trafficking (§ 893.135(1)(c)1.a., Fla....

...hapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance." The information alleged that appellant knowingly sold and delivered a controlled substance. Section 893.135(1)(c)1.a....

...s and then finding an aggregate weight, the defense contended that the offense should be reduced to possession. The court's denial of the motion for judgment of acquittal on that basis was error. *640 The State charged that Mr. Sheridan had violated section 893.135, Florida Statutes (2000), by possessing fourteen grams or more of a controlled substance....

...Robert Peoples appeals his judgment and sentence imposed following a jury verdict. Peoples was convicted of trafficking in more than four but less than fourteen grams of Dilaudid and conspiracy to traffic in the same amount of Dilaudid in violation of sections 893.135(1)(c)1 and 893.135(5), Florida Statutes (1987)....

...Also, there was other incriminating evidence in the instant case. In Alvarez, the only evidence against the defendant was the testimony of the witness whom the defendant sought to impeach. III. CONSECUTIVE MINIMUM MANDATORY SENTENCES Peoples received two minimum mandatory terms pursuant to sections 893.135(1)(c)1, and 893.135(5), Florida Statutes (1987), for trafficking and conspiring to traffic in Dilaudid. Section 893.135(5), Florida Statutes (1987), provides for punishment for conspiring to commit an act proscribed by section 893.135(1) in the same manner as if he had actually committed the act....

...Consecutive minimum mandatory sentences are not appropriate when the multiple offenses for which sentences are imposed are committed during a single continuous episode. Palmer v. State, 438 So.2d 1 (Fla. 1983). This rationale is applicable to sentences imposed pursuant to section 893.135....

...s that the sentences be served concurrently. IV. IMPOSITION OF SIX-YEAR MINIMUM MANDATORY SENTENCE FOR COUNT II The sentence for Count II, the trafficking charge, indicated the imposition of *790 a six-year minimum mandatory imprisonment pursuant to section 893.135(1)(c)(1), Florida Statutes....

...State, 437 So.2d 1057 (Fla. 1983). Bell did hold that the offenses listed by appellant were necessarily lesser included offenses of trafficking, but that holding in Bell was receded from in Rotenberry v. State, 468 So.2d 971 (Fla. 1985) where the court held: Section 893.135 is sufficiently different from the provisions of section 893.13 to allow multiple punishments at the same trial because the state need not prove a violation of 893.13(1)(a), (d), and (e), but only violation of at least one of those provisions....

...He argues that the imposition of separate convictions and sentences violates the constitutional prohibition against double jeopardy. We agree and reverse. Campbell was charged with delivery of heroin, possession of heroin, and trafficking in heroin in violation of sections 893.13(1)(a)(1), 893.13(1)(e) and 893.135(1)(c)(1), Florida Statutes (1985)....

...ossession charge. The judgment included imposition of court costs pursuant to sections 960.20 and 943.25(4), Florida Statutes (1985). The court also imposed the mandatory three-year minimum prison term and $50,000 fine for trafficking as required by section 893.135, Florida Statutes (1983)....

...2d DCA 1987); Burrow v. State, 487 So.2d 77 (Fla. 2d DCA 1986). We therefore strike the costs without prejudice to the state in accordance with Jenkins. We have considered Campbell's remaining argument that imposition of the $50,000 mandatory fine pursuant to section 893.135(1)(c)1 is unconstitutional, and find it to be without merit....

...Paschall, Asst. Atty. Gen., Tampa, for appellant. L. Mark Dachs, Miami, for appellee. HOBSON, Acting Chief Judge. The State appeals an order which sentenced Carlos Bateman to less than the mandatory minimum for a conviction for drug trafficking in violation of section 893.135(1), Florida Statutes (1981), despite the state attorney's refusal to move for a reduction of the mandatory minimum pursuant to section 893.135(3). We reverse. Appellee and several others were charged with trafficking in cocaine in excess of 400 grams, in violation of section 893.135(1)(b)3. Appellee pled not guilty but later voluntarily withdrew the plea and pled guilty with the understanding that he might receive the 15-year mandatory minimum term of imprisonment. See section 893.135(1)(b)3....

...tion. Thereafter, appellee provided the state attorney with information regarding the *578 identity of the cocaine supplier with the apparent expectation that he would receive lenient treatment at the time of sentencing pursuant to subsection (3) of section 893.135....

...The court apparently accepted appellee's invalid argument since it found that he had furnished "substantial assistance" and imposed a sentence of only five years. It is settled that, absent a motion by the state attorney pursuant to subsection (3) of section 893.135 for a reduction of sentence, the sentencing court lacks the authority under subsection (3) to reduce the sentence....

...ncial transactions in regard to the proceeds derived from heroin trafficking. Although the information charged that Rios and his confederates conspired to possess and/or deliver heroin, it further alleged that the possession and/or delivery violated section 893.135, Florida Statutes (1997-1999), which is the trafficking-in-controlled-substances statute....

...Thus the time period for the conspiracy to commit RICO incorporated the time period for the conspiracy to traffic in heroin. The conspiracy-to-traffic-in-heroin count alleged that the defendants conspired to possess or deliver twenty-eight grams of heroin or more in violation of section 893.135(1)(c)(1)(c)....

...This cause is before us on appeal by the State from an order of the trial judge granting appellees' motions under Rule 3.190(c)(4), Florida Rules of Criminal Procedure. The trial court dismissed the information charging appellees with trafficking in cannabis contrary to Section 893.135, Florida Statutes....

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

...Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Corcoran, Assistant Attorney General, Tampa, for Appellee. CAMPBELL, Judge. Appellant challenges his judgment and sentence for trafficking in cocaine by possessing twenty-eight or more grams of cocaine in violation of section 893.135(1)(b), Florida Statutes (1995)....

...1977). Accordingly, defendants convictions and sentences are AFFIRMED. ANSTEAD, C.J., and GREEN, OLIVER L., JR., Associate Judge, concur. NOTES [1] Initially, we consolidated for record purposes only; we now consolidate for disposition as well. [2] § 893.135(1)(a)(1), Fla....

...We address each of Troncoso's three sentences individually. I. Original Sentence In case number 84-17262, Troncoso entered a plea in exchange for a substantial assistance agreement and was sentenced to five-years probation on counts three and four. See § 893.135(3), Fla....

...e-sentencing. Lamb v. State, 532 So.2d 1051 (Fla.1988). Affirmed in part, reversed in part and remanded with instructions consistent with this opinion. NOTES [1] A co-defendant was the only one charged in the first two counts of the information. [2] Section 893.135(1)(b)(3), Florida Statutes (1983), requires that a person guilty of trafficking an amount in excess of four hundred grams of cocaine shall be sentenced to a minimum mandatory term of fifteen-years. (Emphasis added). Section 893.135(4), Florida Statutes (1983), provides that any person who conspires to commit the act prohibited by subsection (1) is guilty of a felony of the first-degree and is punishable as if he had actually committed such prohibited act....

...on bail to appear. Although Ms. Culver raises two issues on appeal, the only issue warranting discussion is her claim that the trial court erred in denying her motion for judgment of acquittal on the charge of trafficking in cocaine, a violation of section 893.135(1)(b)(1)(a), Florida Statutes (2004)....

...of the powder cocaine that she carried on her person when she was arrested. The State acknowledged that the weight of the cocaine that Ms. Culver had on her person was less than the twenty-eight grams necessary to sustain the trafficking charge. See § 893.135(1)(b)(1)(a)....

...The trial court adjudged Ms. Culver guilty of trafficking in cocaine and sentenced her to a term of four years in prison for that offense plus $52,893 in fines and costs. The four-year prison sentence was subject to a three-year mandatory minimum term in accordance with section 893.135(1). II. PRELIMINARY CONSIDERATIONS To prove the charge of trafficking in cocaine, the State was required to establish that Ms. Culver "knowingly" was "in actual or constructive possession of[ ] 28 grams or more of cocaine." § 893.135(1)(b)(1); see Snell v....

...of the hydraulic press discovered in the garage. As a result of this discovery in the kitchen, the State charged De La Cruz with trafficking based on his actual or constructive possession of more than 28 grams but less than 200 grams of cocaine. See § 893.135(1)(b)(1), Fla....

...The state appeals an order granting Brady Austin's second motion for post conviction relief, setting aside the judgment and sentence entered on August 30, 1985, and granting a new trial. We reverse. Austin was charged by information with trafficking in cocaine in violation of section 893.135(1)(b), Florida Statutes (1983)....

...ally significant developments may be raised initially on a motion for post conviction relief. State v. Washington, 453 So.2d 389 (Fla. 1984). In the present case, judgment and sentence were entered against Austin on August 30, 1985, for violation of section 893.135(1)(b) which provided that: Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, twenty-eight grams or more of cocaine as described in section 8...

...ficking in cocaine. Way v. State, 475 So.2d 239 (Fla. 1985). Nevertheless, the Florida Supreme Court agreed with this court that: knowledge of the nature of the substance possessed is an essential element to the crime of trafficking in cocaine under section 893.135(1)(b)(1)....

...Bower, Special Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. LaROSE, Judge. Gerardo Hardin appeals his conviction and sentence for cocaine trafficking. See § 893.135, Fla....

...y be in actual or constructive possession of 28 grams or more of methamphetamine or any mixture containing methamphetamine or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of methamphetamine, in violation of Section 893.135(f)1b [sic], Florida Statutes....

...He further relies on authorities holding that despite the absence of a timely objection by trial counsel, appellate counsel will be deemed ineffective for failing to raise an issue of this sort. See Rogers v. State, 935 So.2d 639 (Fla. 1st DCA 2006); Hodges v. State, 878 So.2d 401 (Fla. 4th DCA 2004). In relevant part, section 893.135(1)(f) defines trafficking in amphetamine as follows: (f) 1....

...1st DCA 2001); Durr v. State, 773 So.2d 644 (Fla. 5th DCA 2000). AFFIRMED. THOMPSON, C.J., and PLEUS, J., concur. NOTES [1] See Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002). Lewis received a three-year mandatory sentence on the trafficking charge pursuant to section 893.135(1), Florida Statutes (1999), which was amended by Chapter 99-188....

...We agree that the charge should have been dismissed, although we base this decision on the ground that counsel was ineffective in failing to file a motion to dismiss the trafficking charge prior to appellant's trial. Appellant was convicted of trafficking in hydrocodone by possession, pursuant to section 893.135(1)(c)1c, Florida Statutes (Supp.1996)....

...Public Defender, Daytona Beach, for appellants. Robert A. Butterworth, Atty. Gen., Tallahassee and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee. SHARP, Judge. Hector and Ruiz Velez appeal from their convictions for trafficking in cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1985)....

...We hold the legislation to be constitutional, agreeing with State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA), review granted, 854 So.2d 659 (Fla.2003), and certifying conflict with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002). Appellant was charged under section 893.135(1)(b)1.b., Florida Statutes (1999), with trafficking in cocaine in excess of 200 grams. Appellant pled no contest and was sentenced to seven years in prison with a seven-year mandatory minimum sentence. He brought a motion to correct an illegal sentence, arguing that the amendments to section 893.135 by Chapter 99-188, Laws of Florida, violated the single subject provision of Florida's Constitution as held in Taylor v....

...Albertine, Jr., Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. BLUE, Judge. Charles DeGeso appeals his convictions for two counts of trafficking in cocaine in violation of section 893.135, Florida Statutes (1995); passing a worthless check in violation of section 832.05(2), Florida Statutes (1995); and failure to appear in violation of section 843.15, Florida Statutes (1995)....

...To be more specific, the probable cause affidavit in this case recites that the two defendant brothers were caught, red-handed, in the smuggling of marijuana into an airstrip in Okeechobee County. The information reflects that they were then charged with trafficking in cannabis (in excess of 100 pounds) in violation of section 893.135, Florida Statutes (1981), which carries a mandatory minimum term of imprisonment of three years and a fine of $25,000....

...STONE, J. We affirm the order withholding adjudication and placing Ackerman on drug offender probation, pursuant to section 948.01(13), Florida Statutes. Ackerman pled guilty to trafficking between twenty-eight and 200 grams of cocaine contrary to section 893.135(1)(b)1.a., Florida Statutes, in December 1998....

...The State did not object at the time of the plea colloquy, and did not object at the time of sentencing. Section 948.01 allows the court to withhold adjudication and place a defendant on drug offender probation if that defendant is "a chronic substance abuser whose criminal conduct is a violation of chapter 893." However, section 893.135(3) states: 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. § 893.135(3), Fla....

...The state appealed, asserting that the absence of departure reasons required reversal. The appellate court refused to consider the issue, finding that it had not been properly preserved. Id. at 1087. See also State v. Baccari, 730 So.2d 806 (Fla. 4th DCA 1999); State v. Stafford, 711 So.2d 612 (Fla. 4th DCA 1998). If section 893.135(3) is read as mandatory, the alleged error is patent....

...Russ, P.A., Orlando, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee. DAUKSCH, Judge. This is an appeal from a conviction of criminal conspiracy. The information charged that appellant violated sections *425 893.135(1)(a)(2), 777.011 and 777.04, Florida Statutes (1983)....

...erate with one another and others unknown to the State Attorney for the Seventh Judicial Circuit of the State of Florida to commit the felony offense of Trafficking in Cannabis in an amount greater than two thousand (2,000) pounds, in violation of F.S. 893.135(1)(a)2; in that CHARLES MICHAEL BRAGG, within Volusia County, Florida negotiated and agreed with Patric Lawrence Boles for Patric Lawrence Boles to hire, secure or arrange for an aircraft and pilot to bring in excess of two thousand (2,000...

...lant was involved in the illegal narcotic business to a significant degree. The question on appeal is whether the state alleged and proved a violation of a Florida law. The pertinent statute which appellant is alleged to have conspired to violate is section 893.135(1)(a)(2), which says: (1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s....

...Nor is there a Florida statute which proscribes the delivery of drugs into the United States. The statute the state alleges appellant conspired to violate is the one which prohibits sale, manufacture, delivery, possession and importation into this state. § 893.135(1)(a), Fla....

...All of the allegations and all of the proof have to do with appellant's having conspired to take drugs from Colombia to somewhere, Kentucky, in the United States. There are no specific facts in the allegations and there is no proof that appellant conspired to violate section 893.135(1)(a)(2) by agreeing with another to *427 bring the drugs into this state....

...at 793 (emphasis in original). Thus, Garcia made clear that a defendant had to knowingly possess the substance as well as have knowledge of its illicit nature. [1] The trafficking statute itself makes knowledge of the possession an element of the crime. Section 893.135(1)(b)1., Florida Statutes, provides that a person "who is knowingly in actual or constructive possession of" the prescribed amount of cocaine is guilty of a first degree felony (emphasis added)....

...1079, 108 S.Ct. 1061, 98 L.Ed.2d 1023 (1988); State v. LeCroy, 461 So.2d 88 (Fla. 1984), cert. den., LeCroy v. Florida, 473 U.S. 907, 105 S.Ct. 3532, 87 L.Ed.2d 656 (1985). CONVICTIONS REVERSED, APPELLANT DISCHARGED. HARRIS and DIAMANTIS, JJ., concur. NOTES [1] § 893.135, Fla....

...The trial court had no authority to keep Diamond out of jail and reduce his lawful sentence five months after it imposed sentence. See Fla.R.Crim.P. 3.800(b) (a trial court may modify a legal sentence within sixty days after imposing sentence); see also § 893.135(2), Fla....

...lusions of law: FINDINGS OF FACT The Defendant RICHARD ANDERS was arrested on April 19, 1988. On May 5, 1988, an Information was filed in the Circuit Court of Broward County charging ANDERS with trafficking in cocaine in violation of Florida Statute 893.135(1)(b)(3) and Florida Statute 893.03(2)(a)(4)....

...See Brannon v. State, 850 So.2d 452, 456 (Fla.2003). However, because we are reversing Chaparro's conspiracy conviction, he will have to be resentenced using a different scoresheet. We therefore address Chaparro's argument to aid the judge at resentencing. Section 893.135(1)(b)(1)(c), Florida Statutes (2001), authorizes a fifteen-year mandatory minimum sentence for trafficking in 400 grams or more but less than 150 kilograms of cocaine. However, Chaparro was not convicted of a violation of section 893.135 but an attempted violation of that section....

..., or 775.084. None of those sections authorize the imposition of a fifteen-year mandatory minimum sentence. Because Chaparro should have been sentenced pursuant to sections 775.082, 775.083, and 775.084, the imposition of the mandatory minimum under section 893.135(1)(b)(1)(c) is erroneous....

...r constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision is guilty of a felony of the third degree * * * * * * The text of section 893.13(1)(f) should be compared with section 893.135(1)(b)1.a, Florida Statutes (1989), which says in part: Any person * * * 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." * * * [e.s.] Section 893.135(1)(b)1.a thus makes guilty knowledge of the actual substance an element of the crime....

...ue, to an instruction on the general intent to do the act charged, or his general knowledge of the act forming the basis for the charge. Medlin, 273 So.2d at 397; Oxx, 417 So.2d at 289, n. 2. Hence, even though there is a guilty knowledge element in section 893.135(1)(b)1., but not in section 893.13(1)(f), the standard jury instructions for both statutes contain the following: If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed....

...Section 893.13(1)(f), the simple possession statute, is an example of such knowledge being omitted. On the other hand, where the legislature has expressly included guilty knowledge as an element of the crime, as it has done in the trafficking statute, section 893.135, then that knowledge must be proven by the state....

...eral knowledge from mere evidence of the doing of an act. The application of these principles may be illustrated by analyzing a trafficking case. In Murphy v. State, 511 So.2d 397 (Fla. 4th DCA 1987), the defendant was convicted of trafficking under section 893.135(1)(b)1., and appealed....

...ine and giving that cocaine to Sidney Deloch, Tamiko James, Chuckie James, and Lonnie Tingle in exchange for $7000. Nicholas was subsequently charged with trafficking in cocaine based on his alleged possession of large quantities of cocaine. [1] See § 893.135(1)(b), Fla....

...(count two); trafficking in cocaine, 400 grams or more but less than 150 kilograms (count three); and conspiracy to traffic in cocaine, 400 grams or more but less than 150 kilograms (count four). Each of the crimes charged is a first-degree felony. § 893.135(1)(b)(1)(c), (5); § 895.03(3), (4), Fla....

...Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. SALCINES, Judge. Octavia Wright appeals her conviction for trafficking in cocaine. We reverse. The offense of trafficking in cocaine is defined in section 893.135(1)(b)(1), Florida Statutes (2004)....

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

...On appeal, he contests that part of the sentence imposing a three-year minimum mandatory term and a $50,000 fine. We reverse. The trial court erred in sentencing Mendez to a mandatory minimum term of three years and imposing the $50,000 fine after declaring him to be a youthful offender. Although section 893.135, Florida Statutes, under which Mendez was charged, authorizes such penalties, the youthful offender statute does not provide for mandatory minimum terms or the imposition of fines in sentencing youthful offenders....

...If we were to apply the right to privacy in the manner proposed by appellant, we would effectively nullify the constitutional amendment to section 12, and this is obviously not an appropriate judicial prerogative. We find no merit in appellant's other points on appeal. The judgment refers to section 893.135(1)(b) of the Florida Statutes which should, instead, be a reference to section 893.135(1)(c)3....

...eter him from committing any future drug offenses. We do not think that it was the intent of the legislature to enhance a sentence when the amount of drugs falls within one of the statutory categories set forth by the legislature in sections 893.13, 893.135, Florida Statutes (1985)....

...State, 507 So.2d 1131 (Fla. 5th DCA 1987); see Koopman v. State, 507 So.2d 684 (Fla. 2d DCA 1987). This is distinguishable from cases where courts have departed when the amount of drugs exceeds the minimum limit of the highest statutory categories set forth in section 893.135....

...in the County and State aforesaid did unlawfully and intentionally agree or conspire with Norman Hickman to engage in specific conduct prohibited by law, to wit: trafficking in cannabis in violation of Florida Statute 777.04(3), 893.03(1)(c)(7) and 893.135(1)(a)....

...Hernandez challenged whether all of the substance introduced as evidence at trial was actually cannabis. Also, without specifying the weight of cannabis that Hernandez allegedly conspired to traffic in, it would be impossible for the trial court to properly sentence Hernandez under section 893.135, Florida Statutes (2001)....

...e and possession of controlled substance paraphernalia. We affirm his convictions, but reverse and remand for resentencing. Under the guidelines, the recommended sentence was four and one-half to five and one-half years. Appellant's conviction under section 893.135(1)(b)3, Florida Statutes (1983), required the court to impose a mandatory minimum sentence of fifteen years....

...The second transaction involved the importation of drugs to Tennessee from the Bahamas. The only involvement with Florida constituted a meeting discussing the conspiracy in Fort Lauderdale and the landing of a decoy plane in Fort Pierce. The appellant and his co-conspirators were charged with a violation of section 893.135(1)(b)3, Florida Statutes (1987): 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....

...nnessee law. Tenn. Code Ann. § 39-17-417(a)(4), (j)(5) (1994). The issue is whether conspiring to import drugs to Tennessee is a violation of Florida law. In Bragg v. State, 487 So.2d 424, 426 (Fla. 5th DCA 1986), the fifth district held that since section 893.135(1)(a) only prohibited sale, manufacture, delivery, possession and importation into this state, a conspiracy to import *1009 marijuana into Kentucky was not a violation of the statute and therefore could not be prosecuted in Florida, even though the planning of the conspiracy commenced here....

...Instead, the only statute under which the appellant in Carone could have been prosecuted was section 893.13(1)(a), Florida Statutes (1977). That section made it unlawful for any person to sell, manufacture, or deliver a controlled substance. In 1982, the Legislature passed section 893.135, quoted above, which prohibited trafficking in controlled substances....

...The second reason given for departure is likewise invalid. Although being a "middleman" is not a statutory element of the offense of drug trafficking, the activities *965 encompassed by the term are embraced within the meaning of drug trafficking as used in the statute prohibiting such activity. Section 893.135 was enacted to assist law enforcement authorities in the investigation and prosecution of illegal drug trafficking at all levels of distribution, from the importer-organizer down to the "pusher" on the street....

...Public Defender, Tallahassee, for appellants. Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., Tallahassee, for appellee. WIGGINTON, Judge. Appellants entered pleas of nolo contendere to the charge of trafficking in cannabis in violation of section 893.135(1)(a), Florida Statutes (1981), reserving their right to appeal the denial of their motions to dismiss based on prosecutorial misconduct and selective and discriminatory enforcement of the trafficking law....

....40 in the instant case should be treated as a scrivener's error. See Janes v. State, 585 So.2d 424, 425 (Fla. 1st DCA 1991) (where count of information charged conspiracy to traffic cocaine but cited section 893.13 as authority therefor rather than section 893.135(1)(b), which was applicable statute, statutory citation was scrivener's error given factual description of charge); King v....

...Because we hold that the evidence was insufficient to warrant a conviction, we reverse and remand with directions that the circuit court discharge him. Mickenberg and three other codefendants were charged with conspiring with each other and seven other individuals to traffic in 400 grams or more of cocaine in violation of section 893.135(1), Florida Statutes (1989)....

...Michael Floyd is appealing the summary denial of his motion for correction of an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the sentence imposed on Floyd exceeds the statutory maximum, we reverse. Floyd pleaded guilty to trafficking in cocaine in violation of section 893.135(1)(b)(1)(a), Florida Statutes (1991)....

...The victim pulled a gun on the defendants and attempted to rob them of the $11,000 which they had brought to purchase the drugs. In the ensuing struggle, one defendant, himself shot by the victim, fatally shot the victim with the victim's own gun. The defendants were charged with attempted cocaine trafficking, § 893.135, Fla....

...was not complete until 1994, when the C.I. paid him for the cocaine. The court, however, correctly sentenced appellant under the 1993 version of the statute, which provides that the offender is to be sentenced to a mandatory minimum three-year term. § 893.135, Fla.Stat. (1993). The 1994 version provides that the offender is to be sentenced pursuant to the guidelines. § 893.135, Fla.Stat....

...l. We grant the petition as it relates to one of the grounds, and we deny, without comment, the remaining ground. Green was convicted after jury trial of trafficking in cocaine in an amount of 28 grams or more but less than 200 grams in violation of section 893.135(1)(b)(1)(a), Florida Statutes (2003); misdemeanor possession of cannabis in violation of section 893.13(6)(b); and possession of ten or more counterfeit bills in violation of section 831.08, Florida Statutes (2003)....

...NOTES [1] The court granted a judgment of acquittal on the possession of cocaine charge on the ground that possession was a lesser included offense of trafficking and the evidence would not sustain a separate possession charge. [2] The pertinent statute, section 893.135(1)(b), Florida Statutes (1985), states: "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 ......

...mewhere between 28 and 30 years...." To me, the message was clear: Take the State's offer of seven years now, because you will pay dearly if you insist on your constitutional right to a trial. Simply put, that is wrong. TORPY, J., concurs. NOTES [1] § 893.135(1)(b), Fla....

...Defendant Diaz appeals denial of his motion to suppress evidence seized from the trunk of his vehicle, having pled nolo contendere with an express reservation of the right to appeal on that issue. The State cross-appeals the trial court's failure to impose the mandatory $250,000 fine required by section 893.135(1)(b)3., Florida Statutes (1987)....

...They observed tape-wrapped packages which appeared characteristic of the packaging of cocaine. They closed the trunk and obtained a search warrant. The search confirmed that the trunk contained five kilos of cocaine and a set of scales. Diaz was charged with trafficking in cocaine in violation of section 893.135, Florida Statutes (1987)....

...State, 524 So.2d 1102, 1103 (Fla. 3d DCA 1988); State v. Lawson, 394 So.2d 1139, 1141 (Fla. 4th DCA 1981); see 1 W. LaFave Search and Seizure § 2.5(a), at 446-447 (1987). The denial of the motion to suppress is therefore affirmed. As to the cross-appeal, the fine imposed by section 893.135(1)(b)3....

...Gen., and Calvin L. Fox, Asst. Atty. Gen., Miami, for appellant. Melvyn Kessler, Miami, for appellee. ADKINS, Acting Chief Justice. Defendant below, Edward C. Newman, (hereinafter defendant), was charged by information with the possession of cocaine in violation of section 893.135, Florida Statutes (1979). The trial court, upon motion by defendant, dismissed the information, ruling that section 893.135 is unconstitutional. Plaintiff, the state of Florida, now appeals the trial court's ruling. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. (1972). We begin by finding that there is no merit to the state's argument that defendant's attack upon section 893.135 is premature and/or inappropriate. In State v. Benitez, 395 So.2d 514 (Fla. 1981), the state argued that one charged with trafficking in cocaine in violation of section 893.135 had no standing to challenge the "penalty-oriented statute" until that person was convicted thereunder....

...The state explains that the issue which it raises in this cause, however, is " not one of standing per se, but rather relates directly to the standing doctrine of ripeness. " It argues that because defendant has not been tried or convicted, his attack upon section 893.135 is premature and/or inappropriate. We do not think that the new light in which the state attempts to cast the issue makes any difference. *972 Once defendant was charged under the statute, the matter became one ripe for adjudication. Defendant's attack on section 893.135 is not predicated upon unknown facts and hypothetical examples, the state's assertions to the contrary notwithstanding....

...Benitez also resolves two other issues presented by this appeal. In Benitez, we held that the words "substantial assistance", as used in the statute, are not impermissibly vague and do not violate the due process clause of the constitution. We also held that subsection 893.135(3), Florida Statutes, providing for mandatory minimum sentences without parole, does not violate constitutional principles of separation of governmental powers. Any questions regarding the use of the word "may" in subsection 893.135(3), i.e., whether it is unconstitutionally vague, were laid to rest by our recent decision in State v. Werner, 402 So.2d 386 (Fla. 1981), in which we held that such concerns "do not provide a constitutional basis to invalidate the enactment." Id. at 387. Finally, we consider the question of whether the provision of subsection 893.135(3) allowing, in certain cases, in camera review of a motion to reduce or suspend the sentence of one convicted under section 893.135 abridges the freedom of speech and of the press assured under the constitutions of the United States and Florida....

...While the presumption in favor of openness is powerful, there are circumstances where closure is justified, i.e., when the rights of defendants to receive a fair trial or the government's need to obtain just convictions and preserve the confidentiality of sensitive information and the identity of informants warrant such. Section 893.135 recognizes the above limitations and makes provision therefor....

...ities in the manner described above would be endangering their lives, we are confident that closure would be justified in a number of the proceedings arising under said law. We are also confident that the trial courts of this state, in administering section 893.135, and in considering motions for closure, will properly weigh the competing interests rather than automatically grant the motions. The provision of section 893.135 allowing closure is necessary and justified, and, if good cause is shown, is not an unjustified, unconstitutional infringement on First Amendment rights. In light of the foregoing, the order of the trial court finding section 893.135 unconstitutional is reversed and the case is remanded for proceedings consistent herewith....

...r remaining peremptory challenge to remove either juror. Appellants having demonstrated no prejudice, we will not interfere with the exercise of the trial court's discretion. As to the third point, appellants argue that the drug trafficking statute, Section 893.135, Florida Statutes (1979), is unconstitutional....

...Appellant was charged with trafficking in 400 grams or more of cocaine. At her arraignment, appellant entered a plea of not guilty. On July 8, 1988 after negotiating with the state, appellant changed her plea to guilty. The negotiations required the appellant to provide substantial assistance pursuant to section 893.135(3), Florida Statutes (1987), in return for a sentence cap of seven years with a mandatory minimum five years instead of the statutory mandatory minimum fifteen years....

...The minimum amount required for a conviction of trafficking in cocaine is 28 grams. Thus, possession and delivery of cocaine are offenses involving only up to 28 grams, whereas trafficking in cocaine is an offense involving 28 or more grams of the drug. § 893.135(1)(b), Fla....

...While the legislature saw fit to fix the penalties for possession and delivery of cocaine regardless of amount, § 893.13(1)(e) and § 893.13(1)(d)(1), Fla. Stat. (1985), it has provided for an increase in the severity of the penalties for trafficking in cocaine according to amount. § 893.135(1)(b), Fla....

...State, 458 So.2d 10, 13 (Fla. 1st DCA 1984) (Thompson, J., dissenting), overruled on other grounds, State v. Whitfield, 487 So.2d 1045 (Fla. 1986). We note that the severity of the penalties for trafficking in cocaine only increases at 200 and 400 grams. § 893.135(1)(b), Fla....

...appellant on his final challenge that the offenses of possession of cocaine in violation of Section 893.13(1)(e) and the sale of cocaine under Section 893.13(1)(a) are lesser included offenses to the charge of trafficking in cocaine in violation of Section 893.135(1)(b)....

...t. Robert A. Butterworth, Attorney General, Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges his habitual felony offender sentence imposed for his conviction of trafficking in cocaine. See § 893.135(1)(b)1.a., Fla....

...Before BARKDULL, BASKIN and FERGUSON, JJ. BASKIN, Judge. Defendant Eugene Edward ("Mercury") Morris was convicted of conspiracy to traffic in cocaine, trafficking in cocaine, and two counts of possession of cocaine in violation of sections 777.04, 893.135, and 893.13(1), Florida Statutes (1981). He was sentenced to a term of twenty years imprisonment with a mandatory fifteen year period of incarceration pursuant to section 893.135(1)(b)(3)....

...Finally, Morris asserts that by refusing to hold an evidentiary hearing directed to mitigation of his sentence, the trial court erroneously denied him an opportunity to challenge the minimum mandatory sentence on the ground that it was unconstitutionally applied to him. Morris relies on section 893.135(3), Florida Statutes (1981): 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 identificatio...

...als involved in this case and that his substantial assistance entitled him to a hearing to determine whether the court should consider reducing or suspending his sentence. The trial court may not reduce or suspend the mandatory sentence compelled by section 893.135(3) unless the state attorney first files a motion to mitigate....

...al courts to mitigate a mandatory sentence upon motion by the State Attorney if the convicted person provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators, or principals. § 893.135(3), Fla....

...1209, 20 L.Ed.2d 138 (1968) (a statute, violation of which is punishable by death on a jury's recommendation, but which assures no execution if the accused enters a guilty plea, is invalid because it encourages guilty pleas). It is further suggested that the statute, Section 893.135(3), Florida Statutes (1983), which authorizes the state, by motion to the court, to request that a sentence be reduced on a showing that the convicted person has provided "substantial assistance" in the prosecution of others involved, is being selectively enforced....

...tence of one year and one day. The state has conceded that a clerical error occurred. We, therefore, strike the "one day" portion of the sentencing order and affirm the order as modified. Conviction affirmed, sentence affirmed as modified. NOTES [1] Section 893.135(1)(b), Florida Statutes (Supp....

...Bryant was charged in case number 98-567 with trafficking in cocaine in an amount between 28 and 200 grams. Bryant pled nolo contendere and was sentenced to 20 years in prison as an habitual offender. The information alleged the offense was committed on January 22, 1998. Pursuant to section 893.135(1)(b)1.a., Florida Statutes (1997), if the cocaine is 28 grams or more but less than 200 grams, "such person shall be sentenced pursuant to the sentencing guidelines and pay a fine of $50,000.00." This language places the lesser traff...

...The state cross-appeals the sentence imposing a term of imprisonment and failing to impose the statutory fine. For the reasons which follow, we affirm on the appeal, and reverse on the cross-appeal. The state charged Rosa with trafficking in cocaine in violation of section 893.135(1)(b)(3), Florida Statutes (1983)....

...Upon the trial court's denial of his motion to suppress, Rosa entered a plea of nolo contendere with a reservation of the right to appeal the denial of his motion. It was stipulated that the suppression ruling was dispositive. Rosa was adjudged guilty and sentenced to the mandatory minimum term of imprisonment provided by section 893.135(1)(b)(3)....

...Therefore, we affirm the trial court's denial of the motion to suppress. As to the cross-appeal, the state contends that the trial court committed reversible error in sentencing the defendant in that the court failed to impose the statutory fine of $250,000 pursuant to section 893.135(1)(b)(3)....

...3d DCA 1980), and that the state's position relative to the fine has merit. The fine is mandated by the statute, and the trial court was without discretion to eliminate this portion of the statutory penalty or otherwise mitigate the sentence, unless the state had moved to mitigate under section 893.135(3), which it did not do in this case. Sastre v. State, 487 So.2d 1137 (Fla. 3d DCA 1986). We are therefore required to reverse the sentence and remand for imposition of the $250,000 statutory fine. *549 Affirmed in part, reversed in part, and remanded. NOTES [1] Section 893.135(1)(b)(3) states: (b) Any person who knowingly sells, 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....

...Espinosa, 686 So.2d at 1348 (citation omitted). We find that the evidence was sufficient to convict appellant of the greater offense of trafficking. Hence, the appellant's challenge to his conviction on the lesser included offense of possession must necessarily fail. Pursuant to section 893.135(1)(a), Florida Statutes (1995), the crime of trafficking is committed by any person who knowingly sells, purchases, manufacturers, delivers or brings cocaine into this state or who is knowingly in actual or constructive possession of a certain amount of cocaine or any mixture containing cocaine....

...nimum mandatory sentence. [2] The trial court sentenced both to four years imprisonment. In addition, he checked the block in the sentence forms under "special provisions:" It is further ordered that the 3 year minimum provisions of Florida Statutes 893.135(1)(b)(1) are hereby imposed for the sentence specified in this count....

...Thereafter, the trial court "corrected" the sentences by striking the provision relating to a three year minimum sentence, leaving the four year sentences standing alone. We affirm. The state argues that the three year minimum mandatory sentences are mandated by section 893.135 and the trial court lacks discretion to eliminate the statutory penalty or mitigate the sentences unless the state moves the court to do so....

...ontext, they would not in these cases, make four year sentences less than three year sentences. Gain time is authorized by section 944.275 (incentive gain time) and section 944.276 (administrative gain time). Unlike some other criminal statutes, [4] section 893.135(1)(b)1....

...Thus, even if given a three year minimum mandatory sentence, Hall and Peterson could earn incentive gain time. They will, however, be prevented from earning administrative gain time under the four or three years sentences because section 944.276 excludes administrative gain time for any violation of section 893.135. [5] The trial judge concluded that it could not sentence for both the three year minimum mandatory sentence and the four year guideline sentence. We agree that he complied with the mandatory sentencing provisions of section 893.135(1)(b)1....

...The trial judge accomplished nothing of legal significance when he "un-XXed" the block designating the drug trafficking mandatory minimum special provision in the sentencing form. [6] The first three years of any sentence imposed on a person convicted of a violation of the trafficking in cocaine statute (§ 893.135(1)(b)1.) is a mandatory minimum sentence by virtue of the statute, whether or not that characteristic of the sentence is noted on the sentencing form....

...ence which exists by virtue of the statutory provision. Four years is more than three years, and a four-year sentence includes within itself sentences for an infinitesimal number of sentences lesser in time, which includes a three year sentence. [7] Section 893.135(1)(b)1., Florida Statutes, is binding on trial judges and mandates that the trial court impose a sentence of imprisonment of not less than three calendar years. That statute is also binding on the Parole and Probation Commission as to parole ( see § 947.16(2)(g)) and administrative gain time ( see § 944.276(1)(a)). The trial judge complied with the mandatory sentencing provisions in section 893.135(1)(b)1. when he imposed a four year sentence. AFFIRMED. SHARP, C.J., and COWART, J., concur. DAUKSCH, J., dissents with opinion. *470 DAUKSCH, Judge, dissenting. I respectfully dissent. In my opinion the wording of section 893.135(1)(b)1, Florida Statutes, requires the judge to specifically sentence these appellees to a mandatory minimum sentence of three years....

...ed with the guidelines maximum within three and one-half to four and one-half years. Absent a motion from the state the trial judge has no authority to mitigate a mandatory minimum sentence. Rosa v. State, 508 So.2d 546 (Fla. 3d DCA 1987). NOTES [1] § 893.135(1)(b), Fla. Stat. (1987). [2] § 893.135(1)(c)1., Fla. Stat. (1987). [3] § 893.135(4), Fla....

...him guilty, as to Count I, of the lesser included offense of possession of cocaine. Possession of cocaine under Section 893.13(1)(e), Florida Statutes (1983), is a category 1 (one step removed) lesser included offense of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes....

...This case involves a traffic stop by an Oakland police officer of a vehicle containing appellant and another man which resulted in their arrest. The State charged appellant with one count of trafficking in 300 plants or twenty-five pounds of cannabis in violation of section 893.135(1)(a)1, Florida Statutes (2001)....

...gun. One of the deputies conducting the search showed a package containing the drug to Marrero and asked, "Cocaine?" Marrero responded, "Si, cocaina." The Proceedings in the Trial Court Marrero was charged with trafficking in cocaine, a violation of section 893.135(1)(b)(1)(c), Florida Statutes (1997); selling or possessing a motor vehicle with altered vehicle identification numbers, a violation of section 319.33(1)(d), Florida Statutes (1997); and possession of drug paraphernalia, a violation of section 893.147(1), Florida Statutes (1997)....

...971)). Mr. Gonzalez claims that section 812.019(1) is unconstitutionally overbroad because it criminalizes all trafficking in stolen property in the same manner, regardless of the amount of property involved. Mr. Gonzalez contrasts this statute with section 893.135, Florida Statutes, which criminalizes trafficking in a variety of controlled substances, including marijuana and cocaine, and provides penalties in relation to the amount of controlled substances at issue....

...We reverse the sentence, but affirm in all other respects. After the appellant presented undercover detectives with 43.5 grams of cocaine in exchange for $4000, he was charged with and convicted of trafficking in cocaine in an amount of twenty-eight grams or more but less than 200 grams, a violation of section 893.135(1)(b)1, Florida Statutes (1983)....

...State, 479 So.2d 153 (Fla. 2d DCA 1985); Jean v. State, 455 So.2d 1083 (Fla. 2d DCA 1984); Seastrand v. State, 474 So.2d 908 (Fla. 5th DCA 1985). The amount present in the instant case, 43.5 grams, did not far exceed the twenty-eight grams necessary for conviction under section 893.135(1)(b)....

...The troopers searched the car, found a box wrapped in paper lying on the rear floor board, and upon cutting open the box, discovered cocaine. Subsequently, they used the car keys to open the trunk and therein found more cocaine in a paper bag. The appellant was charged with trafficking in cocaine in violation of section 893.135, Florida Statutes (1987)....

...1st DCA 1989) ("[The] court may not impose a greater sentence once [the] defendant starts to serve original sentence."); See Madrigal v. State, 545 So.2d 392, 395 (Fla. 3d DCA 1989) ("[T]he prosecutor had the right, and the binding duty if Madrigal complied, to recommend a sentence less than that provided by section 893.135(1)(b)(2)), Florida Statutes (1985)."); State v....

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

...Doran, Asst. Atty. Gen., for appellee. Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ. PER CURIAM. Defendant appeals his sentences entered upon a guilty plea, contending that the trial court failed to exercise its independent sentencing discretion under section 893.135(3), Florida Statutes (1983)....

...Jim Smith, Atty. Gen., and Raymond L. Marky and Gregory Smith, Asst. Attys. Gen., Tallahassee, for appellee. ROBERT P. SMITH, Jr., Judge. Stehling appeals from a judgment convicting him of trafficking in more than 400 grams of cocaine in violation of Section 893.135(1)(b), Florida Statutes (1979). The judgment was entered on Stehling's nolo contendere plea reserving his right to appeal the trial court's denial of a motion to dismiss the information on the ground that Section 893.135 unconstitutionally burdens the accused's privilege against self-incrimination, secured by the Fifth Amendment to the United States Constitution....

...mendment privilege against self-incrimination endures in the post-conviction, presentence context, we find no merit in Stehling's constitutional position. The case of Stehling himself, who pleaded not guilty and was tried by a jury, illustrates that Section 893.135 extracts no penalty for a defendant's refusal to plead guilty; the prescribed minimum mandatory penalties apply irrespective of whether guilt is determined by plea or by verdict, and the statutory incentive of a diminished sentence is offered in either case....

...Nor is the relinquishment of an appeal on the merits a condition of securing the benefits offered the defendant by subsection (3). In self-incrimination terms, therefore, the price paid by one convicted under and seeking the sentencing benefits of Section 893.135 is hardly as great as the price paid by one charged under some other criminal statute who is induced by his counsel's bargaining with the prosecutor to plead guilty and incriminate himself and others in order to secure a reduced charge or favorable sentence....

...itutional rights and privileges and relinquishing some of them to avoid unpleasant consequences that may naturally occur if the system proceeds unchecked, the defendant's rights and privileges are not unduly burdened by the difficulty of the choice. Section 893.135 does not unconstitutionally compromise the accused's privilege against self-incrimination....

...We affirm without comment as to two claims. We reverse as to the third. On January 31, 1996, in case number 95-15645 Harper pleaded no contest as a habitual felony offender to one count of trafficking in cocaine, 28 grams or more but less than 200 grams, in violation of section 893.135(1)(b)(1)(a), Florida Statutes (1995). The court sentenced him to ten years in prison as a habitual felony offender and imposed a $50,000 fine. Section 893.135(1)(b)(1)(a) provides that if the quantity of cocaine involved in the trafficking offense is 28 grams or more but less than 200 grams, the defendant shall be sentenced pursuant to the sentencing guidelines....

...This is an appeal by the defendant, Juan Marrero, from his conviction and sentence *464 for attempted trafficking in cannabis. For the reasons which follow, we reverse. The defendant was initially charged, along with two other individuals, with trafficking in cannabis [§ 893.135, Fla. Stat. (1983)], and conspiracy to traffic in cannabis [§ 777.04 and § 893.135, Fla....

...dismissed, 312 So.2d 747 (Fla. 1975); State v. Smail, 337 So.2d 421 (Fla. 2d DCA 1976); and Beasley v. State, 354 So.2d 934 (Fla. 2d DCA 1978), see discussion infra n. 2. The prosecution against the defendant was proceeding on the basis that trafficking was established, under section 893.135(1)(a), by the defendant's mere possession of the requisite amount of marijuana, hence, the state's argument....

...NOTES [1] The multiplier is a sentencing enhancement tool set forth in rule 3.702(14) of the 1994 version of the Florida Rules of Criminal Procedure: Rule 3.702. Sentencing Guidelines (1994) * * * (14) If the primary offense is drug trafficking under section 893.135, the subtotal sentence points may be multiplied, at the discretion of the sentencing court, by a factor of 1.5....

...Antonio Dominguez, Jr., appeals a judgment and sentence for trafficking in cocaine. Dominguez argues that the trial court failed to adequately instruct the jury on an essential element of the crime. We agree and reverse. Dominguez was charged with trafficking in cocaine, a violation of section 893.135(1)(b), Florida Statutes (1985)....

...And Element number three, the quantity of cocaine involved was 28 grams or more. In Way v. State, 475 So.2d 239 (Fla. 1985), the Florida Supreme Court held that the knowledge of the nature of the substance possessed is an essential element of the crime of trafficking in cocaine under section 893.135(1)(b)....

...What was at issue in Way was whether or not the State was required to prove that the defendant had actual knowledge of the weight of the cocaine he possessed. In answering that question in the negative, the court held that the trafficking statute, section 893.135(1)(b)1, required that the defendant have knowledge of the nature of the substance possessed, but in so holding, the court did not say that the standard jury instruction was deficient in that regard....

...cocaine and a firearm. The state charged defendant Bell with committing the offenses of delivering cocaine, section 893.13(1)(a)1, Florida Statutes (1985), possession of cocaine, section 893.13(1)(e), Florida Statutes (1985), trafficking in cocaine, section 893.135(1)(b)1, Florida Statutes (1985), and possession of a firearm by a convicted felon, section 790.23, Florida Statutes (1985). The state charged defendant Priester with committing the offense of trafficking in cocaine, section 893.135(1)(b)1, Florida Statutes (1985)....

...The state information contained three counts: Count I alleged possession of more than 20 grams of cannabis, and Count II, possession with intent to sell same, in violation of Sections 893.13(1)(a) and (e), Florida Statutes; and Count III alleged importation of in excess of 100 pounds of cannabis, in violation of Section 893.135(1)(a)....

...Paulson, Orlando, for appellee Christopher Alan Ellis. PETERSON, Judge. The State appeals the dismissal of Counts I, VI, and VII of its information. Count I of the information alleged a RICO violation pursuant to section 895.03(3), Florida Statutes; Count VI alleged a violation of section 893.135(1)(b)(1), Florida Statutes, trafficking in cocaine; and Count VII alleged a violation of section 893.135(5), Florida Statutes, conspiracy to traffic in cocaine....

...tances as far as I'm concerned are satisfied.... Reserving his right to appeal the trial court's denial of his motion to suppress, Wilson pled nolo contendere to trafficking in 400 grams or more of cocaine or a mixture containing cocaine contrary to section 893.135(1)(b)1.c., a first degree felony, and was sentenced to a 15-year minimum mandatory and ordered to pay a $250,000 fine....

...We agree with Reynolds concerning the trafficking count and reverse, but affirm the conspiracy conviction. In order to convict Reynolds of trafficking in marijuana, the State must prove beyond a reasonable doubt that Reynolds was "knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis." § 893.135(1), Fla. Stat. (2002). Subsection 893.135(1) establishes two theories: (1) actual possession and (2) constructive possession....

...I conclude that the matter is of sufficient doubt that this court should refrain from a ruling which directly contravenes a Florida Supreme Court decision. I therefore join in reversal on the Tollett issue, and agree to certify as a question of great public importance. NOTES [1] § 893.135(1)(b)1, Fla....

...to produce identification, is immaterial because at the time Chambers moved his feet, he was not under arrest nor seized under the objective test of the Fourth Amendment. AFFIRMED. ANTOON, J., concurs. THOMPSON, J., concurs in result only. NOTES [1] § 893.135(1)(b)1, Fla....

...We reverse the trafficking conviction on double jeopardy grounds, and we reverse the conspiracy conviction due to insufficiency of the evidence. Rodriguez originally was to be tried on a single charge of trafficking in cocaine, 200-400 grams, in violation of section 893.135(1)(b)1.b., Florida Statutes (1993)....

...A person's mere presence at the scene is insufficient to establish his participation in a conspiracy. Id. Here, because the alleged conspiracy was for the purpose of trafficking in cocaine, the State was required to prove that the amount of cocaine agreed to was 200 grams or more. See § 893.135(1)(b)1.b., Fla....

...2d DCA 1991). Rainey was charged with knowingly selling, purchasing, manufacturing, delivering, or bringing into the State, or knowingly being in actual or constructive possession of, 28 grams or more of cocaine or a mixture containing cocaine, in violation of section 893.135(1)(b)1.a., Florida Statutes (1995)....

...Like defendant Stanford, Rainey is covered by the statutory provision governing trafficking in cocaine that states, in pertinent part, that if the quantity of cocaine is 28 grams or more, but less than 200 grams, "such person shall be sentenced pursuant to the guidelines and pay a fine of $50,000." § 893.135(1)(b)1.a., Fla.Stat....

...The question of whether the evidence fails to exclude any reasonable hypothesis of innocence is for the jury to determine, and where there is substantial, competent evidence to support the jury verdict, the verdict will not be reversed on appeal. State v. Law, 559 So.2d 187, 188 (Fla.1989). The cocaine trafficking statute, section 893.135(1)(b)1.a., Florida Statutes (2008), prohibits one from "knowingly" being "in actual or constructive possession" of a certain quantity of cocaine....

...for appellant. Charlie Crist, Attorney General, Tallahassee, for appellee. PER CURIAM. We affirm appellant's judgment and sentence but remand for correction of a scrivener's error contained in the written judgment. The judgment erroneously cites to section 893.135(5), Florida Statutes, when the correct statutory citation for the offense of a violation of the Racketeer Influenced Corruption Organization Act as charged against appellant is section 895.03, Florida Statutes (2002)....

...The trial court in sentencing appellant, used a law enforcement multiplier in computing appellant's scoresheet. The authority for using a law enforcement multiplier is found in rule 3.702(d)(14), Florida Rules of Criminal Procedure (1995), which provides as follows: If the primary offense is drug trafficking under section 893.135, the subtotal sentence points may be multiplied, at the discretion of the sentencing court, by a factor of 1.5....

...ints shall be multiplied by a factor of 1.5. If both enhancements are applicable, only the enhancement with the higher multiplier is to be used. Appellant was not charged with any violation under section 775.087 or 775.0823, nor was he charged under 893.135; therefore, he could not have been sentenced using a law enforcement multiplier....

...Such consideration was improper. SeeState v. Fetherolf, 388 So.2d 38 (Fla. 5th DCA 1980). REVERSED and REMANDED for reinstatement of the information. PLEUS and ORFINGER, JJ., concur. NOTES [1] Bell has failed to file an answer brief in this case. [2] See § 893.135(1)(b)1.a., Fla....

...THOMPSON, Judge. Gerry Greene ("Greene") appeals the denial of his motion for judgment of acquittal. He was tried and convicted of the first degree felony of trafficking in cocaine in a quantity of 28 grams or more, but less than 200 grams; a violation of section 893.135(1)(b)(1)(a), Florida Statutes (1991)....

...3d DCA 1985) (court found probable cause to search packages found in defendant's tote bag when the officer felt a malleable substance in one bag, and the bags were distinctively shaped and wrapped, causing the officer to suspect narcotics were present). AFFIRMED. HARRIS and GRIFFIN, JJ., concur. NOTES [1] § 893.135(1)(b)(1)(b), Fla....

...We agree that the trial court erred in imposing a habitual felony offender sentence on the trafficking and the conspiracy to traffic in cocaine charges, and reverse. See Bryant v. State, 760 So.2d 1034 (Fla. 5th DCA 2000); Clay v. State, 750 So.2d 153 (Fla. 1st DCA 2000), § 893.135(5), Fla....

...October 2, 1986. Daniel A. Smith, Jacksonville, for appellant. Jim Smith, Atty. Gen., and John W. Tiedemann, Asst. Atty. Gen., Tallahassee, for appellee. NIMMONS, Judge. Mack appeals from his three-year mandatory minimum sentence and fine imposed under Section 893.135(1)(b) 1, Florida Statutes (1983), the appellant contending that the trial court should have granted him relief from such mandatory minimum sentence by reason of his having provided "substantial assistance" within the meaning of Section 893.135(3)....

...d by making himself available to testify at the trial of such codefendants. Although he was subpoenaed by the state as a witness in such trial, he was never actually called to testify. Appellant also complains that the state abused the provisions of Section 893.135(3) in that, during the interim between his guilty plea and sentencing, the law enforcement officers enlisted the appellant's cooperation in unsuccessful efforts to make new drug cases against persons other than those categories described in Section 893.135(3), i.e....

..."his accomplices, accessories, coconspirators, or principals." On the day of sentencing, appellant presented testimony establishing his above referred assistance and cooperation and asserted the right, notwithstanding the states's refusal to move the court to suspend or reduce the sentence as contemplated by Section 893.135(3), to insist upon such suspension or reduction of the mandatory minimum sentence....

...In exchange therefor, the state agreed to nol pros the second count (a conspiracy charge) and to recommend that the court impose a sentence of 3 1/2 years which was the lower end of the sentencing guidelines range. Although the parties understood that Section 893.135(1)(b) 1. provided for a mandatory minimum sentence of three years, the agreement stated that "in the event the defendant renders `substantial assistance' *1254 per F.S. 893.135(3), any such assistance to be made known to the court." As earlier noted, however, it would appear that the parties expressly understood that, under Section 893.135(3), a prerequisite to the trial court's suspension or reduction of the mandatory minimum sentence was the filing of a motion to that effect by the state, the decision therefor to be unilaterally determined by the state....

...f guilty and a reinstatement of his earlier not guilty plea. Compare Campbell v. State, 453 So.2d 525 (Fla. 5th DCA 1984) (held that trial court erred in denying defendant's motion to withdraw guilty plea negotiated under erroneous interpretation of Section 893.135(3)); see also Noon v. State, 480 So.2d 668 (Fla. 4th DCA 1986). At no time has appellant sought to withdraw his plea of guilty. AFFIRMED. JOANOS and THOMPSON, JJ., concur. NOTES [1] Section 893.135(3) provides: (3) 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, o...

...tory minimum provisions of F.S. 775.087(2) are hereby imposed for the sentence specified in this count, as the Defendant possessed a firearm. Drug Trafficking — [] It is further ordered that the ______ year minimum mandatory minimum provisions of F.S. 893.135(1)()() are hereby imposed for the sentence specified in this count....

...COBB, Chief Judge. The state appeals from the sentence imposed on the defendant, Robert Maurice Row, claiming that it was an illegal sentence. [1] We agree and vacate the sentence. Defendant was convicted of trafficking in cocaine, in violation of section 893.135(1)(b)1, Florida Statutes (1983). Without stating his reasons therefor, the trial judge indicated at sentencing that he was willing to depart from the guideline recommended sentence of five years downwards to the three-year mandatory minimum prescribed by section 893.135(1)(b)1....

...I am going to condition that to be six months served in the Orange County Jail and two-and-a-half years will be on community control in lieu of two-and-a-half years of Department of Corrections incarceration. [2] The trial court's sentence was unauthorized for two reasons. First, section 893.135(1)(b)1 explicitly states that defendants convicted under this section "shall be sentenced to a mandatory minimum term of imprisonment of three calendar years." (Emphasis supplied.) The trial court was thus without authority to substitute community control for imprisonment....

...osed." Therefore, the five-year guideline recommended sentence should have been imposed in this case, unless a valid reason for departure had been given. We note also that the record does not reflect that the mandatory $50,000.00 fine required under section 893.135(1)(b)1 was imposed in this case....

...be established beyond a reasonable doubt: a) that the defendant knowingly purchased or possessed a certain substance, b) the substance was cocaine, c) the quantity was 28 grams or more, and d) the defendant knew the substance was cocaine. Fla. Stat. § 893.135(1)(1997)....

...All three men were charged with trafficking and conspiracy to traffic in cocaine. In count 1 of the amended information, the State charged that they knowingly possessed a trafficking amount of cocaine, 400 grams or more but less than 150 kilograms, in violation of section 893.135(1)(b)(1)(c), Florida Statutes (2005)....

...esolved in the motions to withdraw pleas on which he had a full evidentiary hearing prior to sentencing. In sum, we find all of his complaints completely lacking in merit. He also challenges his conviction for trafficking in oxycodone, claiming that section 893.135(1)(c)1....

...Cannella, P.A., Tampa, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen., Tampa, for appellee. LEHAN, Judge. Defendant appeals his convictions for trafficking in cocaine of less than 400 grams, in violation of section 893.135(1)(b)2, Florida Statutes (1985); possession of cannabis, in violation of 893.13(1)(e); and possession of diazepam, also in violation of 893.13(1)(e)....

...Thus, it appears defendant's motion for judgment of acquittal should have been granted and his conviction for trafficking in cocaine and for possession of marijuana must be reversed. REVERSED. DANIEL, J., concurs. COWART, J., dissents without opinion. NOTES [1] § 893.135(1)(b)(1), Fla....

...n an affidavit to obtain a search warrant for Jackson's automobile. During the course of the search, detectives discovered a quantity of cocaine and, as a result, Jackson was arrested and later informed against for trafficking in cocaine pursuant to section 893.135(1)(b)1., Florida Statutes (1991)....

...Currency, 505 So.2d 668 (Fla. 5th DCA) review denied, 511 So.2d 998 (Fla. 1987); Esteen v. State, 503 So.2d 356 (Fla. 5th DCA 1987). [3] The legislature has already acknowledged the seriousness of this problem by the enactment of mandatory sentences for traffickers. See § 893.135, Fla....

...We concluded the trial judge had clear and convincing reasons for departure and did not abuse his discretion. In Newton v. State, 490 So.2d 179 (Fla. 1st DCA 1986), the defendant was convicted of trafficking in 170 grams of cocaine. The offense of trafficking in cocaine under section 893.135(1)(b), Florida Statutes requires possession of 28 grams or more of cocaine....

...when the amount involved was well within the lowest of the statutory categories. In Atwaters v. State, 495 So.2d 1219 (Fla. 1st DCA 1986) the defendant was convicted of trafficking in 13.1 grams of heroin. The offense of trafficking in heroin under section 893.135(1)(c), Florida Statutes, requires possession of 4 grams or more....

...Appellant was arrested on October 22, 1981, and charged by a two-count information on November 3, 1981, with 1) conspiring between September 11-28, 1980, to traffic in cannabis, in violation of section 777.04(3), Florida Statutes (1979), and 2) trafficking in cannabis on September 28, 1980, in violation of section 893.135(1)(a), Florida Statutes (1979)....

...of his underlying charge and overlooks the broader purpose and reasoning of the trafficking statute. The language of the trafficking statute establishes its purpose is to provide stricter penalties for those who distribute large quantities of drugs. § 893.135(1)(b), Fla....

...2d DCA 1985), review denied, 488 So.2d 830 (Fla. 1986), those authorities lend no support to the proposition that the quantity of the drug involved justifies departure. The cited cases deal with convictions for trafficking or conspiracy to traffic, not with possession of contraband. See § 893.135, Fla. Stat. (1983). Section 893.135 increases the length of a trafficking sentence in proportion to the amount of contraband involved; in the cases relied on by the state, the amount of contraband is relevant to the severity of the sentence. Defendant Garcia, however, was found guilty of possession of cocaine in violation of section 893.13, Florida Statutes (1983). Unlike section 893.135, section 893.13 omits a sentencing schedule related to the amount of contraband seized....

...anded for a new trial. On a second point, Farias claims that the prosecution failed to prove that he had actual knowledge that the substance in his possession was cocaine, this being a necessary element of the offense for which he was convicted. See § 893.135, Fla....

...We note the following recent decision that supports the requirement of a nexus between the use of the automobile and the criminal activity relied on as the basis for forfeiture of the vehicle. See Martinez v. Heinrich, 521 So.2d 167 (Fla. 2d DCA, 1988). THOMPSON and BARFIELD, JJ., concur. NOTES [1] § 893.135(1)(b), Fla....

...was deprived of a meaningful closing argument. We do find merit in the state's argument that the trial court improperly granted a judgment of acquittal on the conspiracy charge. Spera was charged with conspiracy to traffic in cocaine in violation of section 893.135(4), Florida Statutes (1989)....

...Miller pleaded to trafficking in oxycodone, sale of clonazepam, and possession of clonazepam. For the charge of trafficking in oxycodone, the trial court sentenced him to a total of seven years' imprisonment and also imposed a $100,000 fine pursuant to section 893.135(1)(c)(1)(b), Florida Statutes (1997-2001)....

...Clauses of the United States and Florida Constitutions. Nevertheless, we affirm that portion of the trial court's order denying Miller's claim that the $100,000 fine was illegally imposed because the imposition of the fine was mandatory pursuant to section 893.135(1)(c)(1)(b), Florida Statutes (1997), which was in existence prior to the passage of chapter 99-188....

...At the time of arrest, the police seized a loaded and cocked semiautomatic firearm from Diaz's right hand. The jury found Diaz guilty of trafficking in cocaine in an amount of twenty-eight grams or more, but less than two hundred grams in violation of section 893.135(1)(b)1, Florida Statutes (1985) [1] and possession of a firearm during the commission of a felony in violation of section 790.07(2), Florida Statutes (1985)....

...[2] By special interrogatory, the jury found that Diaz did "carry, display, use, threaten or attempt to use a weapon while engaged in the offense of trafficking in cocaine." Diaz's judgment for the trafficking offense reflects the crime to be a first-degree felony, which would be correct according to section 893.135(1)(b) if the trial court had not enhanced Diaz's trafficking offense to a life felony....

...afficking in cocaine offense. Further, the trial judge on remand should correct the judgment to reflect that the trafficking offense is a life felony and correct the sentencing document to show imposition of the mandatory sentencing provisions under section 893.135(1)(b)1. Affirmed in part; vacated in part; remanded to the trial court for proceedings consistent with this opinion. SCHOONOVER, A.C.J., and THREADGILL, J., concur. NOTES [1] Section 893.135(1)(b)1 provides: (1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s....

...LaFrance, Assistant Attorney General, West Palm Beach, for appellee. STONE, J. We reverse an order denying post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.800. Dillard was convicted of attempted trafficking in cocaine in an amount between 28 and 200 grams pursuant to sections 777.04 and 893.135, Florida Statutes (1997)....

...5th DCA 2000)(holding the statute places the lesser trafficking offenses under the guidelines and removes them from sentencing under the habitual offender statute); Clay v. State, 750 So.2d 153, 154 (Fla. 1st DCA 2000)("The habitual offender sentence imposed on Clay is an illegal sentence because section 893.135(1)(b)1.a....

...Yet, as the conviction is for the second-degree attempt felony, it is punishable under a lesser guidelines range or as a habitual offender. The state argues, by analogy, that the legislature specifically excluded conspiring to traffic in cocaine from the attempt statute. See §§ 777.04(c), 893.135(5), Fla....

...NOTES [1] The prior statute for trafficking in less than 200 grams provided that if the quantity involved "is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years...." § 893.135, Fla....

...1985), and Hunter v. State, 531 So.2d 239 (Fla. 4th DCA 1988), that the appellee was deprived of due process, and we affirm the dismissal of the prosecution. The state charged the appellee with trafficking in cocaine on November 7, 1988, pursuant to section 893.135, Florida Statutes (1987)....

...Although the substantial assistance statute has been enlarged by a 1987 amendment to allow substantial assistance for the prosecution "of any other person engaged in trafficking in controlled substances," the legislature cannot authorize an informant to manufacture crime. § 893.135(5), Fla....

...Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee. CLARK, J. Appellant challenges his conviction, after jury trial, for trafficking in hydrocodone in violation of section 893.135(1)(c)1., Florida Statutes....

...igarettes in the same pocket. Whether or not the jury believed any transaction took place, there was no factual dispute that 6.6 grams of hydrocodone pills were found on Appellant's person, an amount constituting "trafficking in illegal drugs" under section 893.135(1)(c)1., Florida Statutes....

...ls at the girlfriend's request, providing some evidence that Appellant was acting as his girlfriend's agent. The validity of the companion's prescription was not challenged by the state and in fact was conceded in both closing argument and rebuttal. Section 893.135(1) introduces the prohibitions on selling, purchasing, and actually or constructively possessing the various controlled substances listed thereafter with the phrase: "Except as authorized in this chapter or in chapter 499, and notwithstanding the provisions of s....

...ces when such substance was obtained by a valid prescription. The standard jury instructions given at trial (25.11—"Trafficking in Illegal Drugs" and 25.7—"Drug Abuse—Possession") contained no reference to the statutory prescription exceptions to section 893.135....

...t, and the prosecutor's argument that possession alone was sufficient to convict. For the reasons expressed in McCoy and Glovacz, and in light of the evidence presented in this case, the failure to instruct the jury on the prescription exceptions to section 893.135 was fundamental error....

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

...In order to affirm Allen's trafficking conviction, the evidence has to support that Allen knowingly sold, purchased, manufactured, delivered, brought into this state, or was in the actual or constructive possession of methamphetamine in an amount of at least twenty-eight grams. Section 893.135(1)(b), Fla....

...John Coniglio, P.A., Wildwood, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. Defendant appeals his conviction of trafficking in cannabis in violation of sections 893.135, 893.03(1)(c), 893.13(1)(a)2., Florida Statutes (1985)....

...To "traffic" in a commodity means to "deal" in it and vice versa. [2] Both terms encompass bargaining, trading, and bartering in some commodity. To deal or trade is therefore an inherent component of the crime of trafficking in a controlled substance. The statutory definition of trafficking in section 893.135(1)(a) is broader than mere possession with intent to sell or deliver, section 893.13, in that it also includes the knowing possession of an amount in excess of 100 pounds of cannabis, but not more restrictive....

...Accordingly, we affirm the conviction, vacate the sentence, and remand for resentencing within the recommended guidelines sentence. CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING. UPCHURCH, C.J., and DAUKSCH, J., concur. NOTES [1] § 893.135(1), Fla....

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

...Germanowicz, Assistant Attorney General, West Palm Beach, for appellee. SHAHOOD, Judge. Appellant, Jacques Louisgeste, appeals his sentence on two counts of trafficking in cocaine claiming that the trial court improperly imposed a mandatory minimum sentence unauthorized by section 893.135(1)(b)1 a, Florida Statutes (1995). Further, appellant contests the imposition of public defender fees, interpreter fees and a $2 special assessment fee. We find that the trial court erred in sentencing appellant to a mandatory minimum term inconsistent with section 893.135(1)(b)1 a and remand for resentencing....

...e suspended. If the INS *31 does not take custody of him for deportation purposes, then he of course would serve the sentence." The written sentencing order, however, indicates a mandatory minimum sentence of 37.7 months. Further, in accordance with § 893.135(1)(b)1 a, a $50,000 fine was imposed....

...rences the $787 in public defender fees, the $253 in court costs and the $2 special assessment fee. Appellant claims that the trial court's sentence of 52 months erroneously imposed a mandatory minimum sentence of 37.7 months. He contends that under section 893.135(1)(b)1 a, Florida Statutes, a mandatory minimum sentence is unauthorized as it is not provided for by law....

...5th DCA 1983)(improper imposition of a mandatory minimum sentence, because of its inherent potential of causing or requiring a defendant to be incarcerated or restrained for a greater length of time than provided by law in the absence of the sentencing error constitutes fundamental error.). Section 893.135(1)(b)1 a provides that one found guilty of trafficking in cocaine in a quantity of 28 grams or more, but less than 200 grams "shall be sentenced pursuant to the sentencing guidelines and pay a fine of $50,000." At no time does the statute provide for the imposition of a mandatory minimum term....

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

...cover officer was cocaine, and that it weighed approximately seventeen grams. [1] To support a conviction for trafficking in cocaine, or conspiracy to traffic in cocaine, the state must prove that the amount of cocaine involved was 28 grams or more. Section 893.135(1)(b)1, Fla....

...Robert Ohle, St. Petersburg, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee. ALTENBERND, Judge. Stephen Ruth appeals his conviction and sentence for trafficking in cannabis. § 893.135(1)(a), Fla....

...State, 500 So.2d 256 (Fla. 3d DCA 1987); Acosta v. Turner, 666 F.2d 949 (5th Cir.1982). This high standard governs a state attorney's promise in a plea agreement to move for a reduced sentence if a defendant convicted of trafficking provides "substantial assistance." § 893.135(4), Fla....

...ea agreement to determine whether Mr. Ruth substantially complied with his end of the bargain. The statute supports the plea agreement because it contemplates that the issue of a reduced sentence will be first raised by the state attorney by motion. § 893.135(4), Fla....

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

...Marshall, P.A., Riverview, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. CRENSHAW, Judge. Cavokia Evans appeals his judgment and sentence for trafficking in cocaine in violation of section 893.135, Florida Statutes (2005)....

...Before HUBBART, FERGUSON and LEVY, JJ. FERGUSON, Judge. This appeal is brought from a trial court order dismissing an information on double jeopardy grounds. The defendant, Manuel Zamora, was charged by information with trafficking in 400 or more grams of cocaine in violation of section 893.135, Florida Statutes (1987)....

...EN BANC THREADGILL, EDWARD F., Senior Judge. Anthony Troy Wright appeals from his sentence for trafficking in 3,4-methylene-dioxymethamphetamine *25 (MDMA). He argues that the three-year mandatory minimum sentence imposed by the trial court pursuant to section 893.135(1)(j)(2)(a), Florida Statutes (2000), is illegal under Taylor v....

...tencing "under the valid law in effect at the time of Staley's offenses." We recede from Gilbert and Staley to the extent that they hold that a defendant convicted of trafficking in phenethylamines and sentenced to a mandatory minimum sentence under section 893.135(1)(j) is entitled to relief under Taylor....

...re in dispute. We agree with appellant that the undisputed facts present a prima facie case of guilt against the defendant, for the offense of trafficking in cocaine. Defendant was charged, under Count II, pursuant to section 777.04(1) (Attempt) and section 893.135(1)(b): Any person who knowingly sells, 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....

...*198 Jim Smith, Atty. Gen., and Renee E. Ruska, Asst. Atty. Gen., for appellant. Juan Ramirez, Jr., Coral Gables, for appellee. Before BARKDULL, HENDRY and BASKIN, JJ. HENDRY, Judge. The defendant was charged with trafficking in cocaine in violation of section 893.135, Florida Statutes (1983)....

...probable cause for issuance of the warrant. Detective Colebank executed the warrant by searching the apartment on November 11, 2004, at approximately 12:30 a.m., and Fijnje and Chen were arrested at 12:55 a.m. [5] The State charged them pursuant to section 893.135(1)(a)(1), Florida Statutes (2004), with trafficking in cannabis (more than twenty-five pounds but less than 2000 pounds)....

...AFFIRMED. SHARP, W. and GRIFFIN, JJ., concur. NOTES [1] The penalty for one found to be in possession of greater than 400 grams but less than 150 kilograms of a mixture containing cocaine includes a fine of $250,000 and a minimum mandatory of 15 years. § 893.135(1)(b)1.c., Fla. Stat. (2000). The penalty for possession of between 200 and 400 grams includes a mandatory minimum of 7 years and a fine of $100,000. § 893.135(1)(b)1.b. The penalty for possession of greater than 28 grams but less than 200 grams includes a fine of $50,000 and a three year minimum mandatory. § 893.135(1)(b)1.a....

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

...g or attempting to obtain a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. The trial court sentenced Mr. Paey to a twenty-five-year mandatory minimum prison sentence for each trafficking count in accordance with section 893.135(1)(c)(1)(c), Florida Statutes (Supp....

...For each possession count and obtaining by fraud count, the trial court sentenced Mr. Paey to imprisonment for one year and one day. The trial court designated all of the sentences to be served concurrently. Mr. Paey argues that the mandatory minimum sentencing framework in section 893.135(1)(c)(1)(c) violates the cruel and unusual punishments clause of the Eighth Amendment to the United States Constitution and the cruel or unusual punishment clause of a former version of article I, section 17 of the Florida Constitution. We disagree. However, before we proceed to our analysis, we pause to explain how Mr. Paey could be convicted of "trafficking in illegal drugs" under section 893.135(1)(c)(1) in the absence of proof that he sold any illegal drugs. As used in section 893.135(1)(c)(1), "trafficking in illegal drugs" is a term of art....

...four grams of any mixture containing oxycodone. Thus Mr. Paey's lengthy prison sentences are based on a jury verdict that he knowingly possessed at least twenty-eight grams of oxycodone or twenty-eight grams of any mixture containing oxycodone. See § 893.135(1)(c)(1)(c)....

...Paey possessed that was sufficient to qualify him for each of his seven trafficking convictions was not extraordinarily small. Florida's statutory scheme fixes the severity of the punishment for trafficking offenses to three categories determined by the weight of the illegal substance involved. Under section 893.135(1)(c)(1), the three weight categories are: (1) four to fourteen grams, (2) fourteen to twenty-eight grams, and (3) twenty-eight grams to thirty kilograms. See § 893.135(1)(c)(1)(a)-(c)....

...Because of the substantial difference in the facts of the two cases, we find Henderson to be unpersuasive on the Eighth Amendment issue in Mr. Paey's case. The twenty-five-year mandatory minimum prison sentence the Florida Legislature prescribed in section 893.135(1)(c)(1)(c) for trafficking in twenty-eight or more grams of oxycodone falls within the outer limits of a rational weighing of the alternatives concerning an appropriate prison term for this offense....

...ual punishment clause. Id.; see also Hale, 630 So.2d at 526 (declining "to delineate the precise contours of the Florida guarantee against cruel or unusual punishment"). The Florida Supreme Court considered whether the mandatory minimum sentences of section 893.135(1), Florida Statutes (1979), violated the Florida Constitution in State v....

...Like the United States Supreme Court, the Florida Supreme Court affirmed its commitment to the principle that the legislature, and not the judiciary, determines maximum and minimum penalties for violations of the law. Benitez, 395 So.2d at 518; see also Hale, 630 So.2d at 526. While admitting that the penalties imposed in section 893.135 are severe, the Benitez court concluded that they are not cruel or unusual [5] in light of "their potential deterrent value and the seriousness of the crime involved." 395 So.2d at 518....

...ling 330 milligrams per pill. Because each prescription was for 100 pills, the total weight of each prescription was 33,000 milligrams or 33 grams. Although the substantial majority by weight of each prescription was composed of acetaminophen, under section 893.135(1)(c)(1) an individual can be found guilty of trafficking in oxycodone for possessing "any mixture" containing oxycodone that weighs at least four grams....

...These "mandatory minimums" are designed to grant assurance that offenders will receive stern punishment, that they will not be at liberty to reoffend for a substantial period of time, and that they and others will not commit these crimes now or in the future. [8] Florida's anti-drug trafficking statute, section 893.135(1), Florida Statutes (Supp.1996), carries mandatory minimum sentences....

...cularly a broadly written one, and then believe that a single, inflexible punishment will always justly and fairly fit in all cases. Did our legislature, for example, have in its collective mind the four previously mentioned scenarios when it passed section 893.135? Did its institutional prescience evoke the image of the high school principal, the concerned wife, the addicted doctor, and the ailing widows all sitting in a Florida prison for three years or twenty-five years, and upon seeing it sa...

...stolen fifty oxycodone pills which he intended to sell to children waiting outside, and then stabbed the pharmacist. I suggest that it is unusual, illogical, and absurd for the prosecution, *937 an agent of the executive branch, to abuse and misuse section 893.135 in the belief that it is doing the will of the legislature and of the people of this state....

...r his professionalism in calling to our attention an authority that could be interpreted as being adverse to the State's position. [3] As explained below, the weight of oxycodone that Mr. Paey possessed for purposes of determining a punishment under section 893.135(1)(c)(1) is determined by multiplying the total weight of an oxycodone tablet by the number of tablets Mr....

...[4] It is true that when Benitez was decided in 1981, section 893.15(1)(c)(1) did not include oxycodone as a controlled substance for which someone could be convicted of "trafficking in illegal drugs." In 1995, the Florida Legislature added oxycodone to the list of controlled substances in section 893.135(1)(c)(1) in response to several cases in which individuals avoided trafficking convictions for oxycodone under this section....

...a controlled substance already listed in the section—was not expressly enumerated. Fla. H.R. Comm. on Health Care, HB 1385 (1995) Staff Analysis (May 12, 1995) (available at Fla. Dep't of State, Div. of Library Servs., Tallahassee, Fla.) (amending section 893.135(1)(c)(1)). Because the legislative history suggests that section 893.135 was not originally drafted to exclude oxycodone from the list of controlled substances, we find the principles promulgated in Benitez for the 1979 version of section 893.135 that did not include oxycodone to be equally applicable to the 1996 version of the statute under which Mr....

...of illegal drugs. . . . . . . No one argues that the elimination of illegal drug traffic is not a beneficial and worthwhile goal, or that the goals of this legislation are not meritorious. [12] In Benitez, 395 So.2d at 517, the court went on to say: Section 893.135 was enacted to assist law enforcement authorities in the investigation and prosecution of illegal drug trafficking at all levels of distribution, from the importer-organizer down to the "pusher" on the street....

...legislation, legislators knowingly glossed over alleged constitutional defects in the approach that was being developed. We in the judiciary do not have that luxury. [13] These exceptions are found in section 893.13. There are no exceptions found in section 893.135, but there is some reference language in section 893.135 which, under rules of statutory construction, permit the two sections to be read together thereby making the exceptions in the former section apply to the latter. An illogical textualist could argue that section 893.135 makes pharmacists and physicians illegal traffickers in drugs, but logical textualism compels us to conclude that it would be absurd for the legislature to exclude these persons and entities from the less severe drug crimes but not the more serious crimes. Yet it is illogical textualism, not logical textualism, that the State relies upon to justify the absurd notion that this is a drug trafficking case. [14] If convicted, the minimum mandatory sentence under section 893.135(1)(b)(1)(a), trafficking in cocaine, is three years....

...The principal may offer the defense of temporary control for legal disposition, see Stanton v. State, 746 So.2d 1229 (Fla. 3d DCA 1999), but as we have already found here, that may not prevent an illogical prosecution. [15] If convicted, the minimum mandatory sentence under section 893.135(1)(c)(1)(c), trafficking in illegal drugs, is twenty-five years. [16] If convicted, the minimum mandatory sentence is the same as for Mrs. Paey. [17] If convicted, the minimum mandatory sentence under section 893.135(1)(a)(1), trafficking in cannabis, is three years....

...d guys. The concerned wife was only trying, perhaps unwisely but with good intention, to save her husband from overdosing while at the same supplying him with what he needs for his pain. [21] Our supreme court, in Benitez, 395 So.2d at 517, spoke of section 893.135 as a means "to assist law enforcement authorities in the investigation and prosecution of illegal drug trafficking at all levels of distribution, from the importer-organizer down to the `pusher' on the street....

...be established beyond a reasonable doubt: a) that the defendant knowingly purchased or possessed a certain substance, b) the substance was cocaine, c) the quantity was 28 grams or more, and d) the defendant knew the substance was cocaine. Fla. Stat. § 893.135(1) (1997)....

...NOTES [1] A substantial assistance agreement with the State provides the defendant with the possibility of a sentence below the statutory minimum mandatory in exchange for substantial assistance "in the identification, arrest, or conviction of any . . . person engaged in trafficking in controlled substances." § 893.135(4), Fla....

...Chicone relies upon State v. Dominguez, 509 So.2d 917 (Fla. 1987) and Drain v. State, 601 So.2d 256 (Fla. 5th DCA 1992), however, these cases do not support Chicone's arguments. In Dominguez, the defendant was charged with trafficking in cocaine, a violation of section 893.135(1)(b), Florida Statutes....

...Kelly of Accorsi & Kelly, P.A., Avon Park, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Diane Barrs, Asst. Atty. Gen., Tampa, for appellee. ON MOTION TO REVIEW BAIL PENDING APPEAL PER CURIAM. Appellant was adjudged guilty of drug trafficking, a first degree felony in violation of section 893.135, Florida Statutes (1979)....

...Appellant filed a motion for bail pending appeal. The trial court denied the motion stating that "section 903.133, Florida Statutes prohibits this Court from granting bail to said Defendant since he has been adjudged guilty of first degree felony for violation of section 893.135, Florida Statutes." Section 903.133 states that "no person adjudged guilty of a first degree felony for a violation of s. 893.13 or s. 893.135 shall be admitted to bail pending appellate review." Appellant contends that the application of this statute in his case violates the prohibition against ex post facto laws because the commission of the offense took place before the effective date of section 903.133....

...Lopez, 408 So.2d 744 (Fla. 3d DCA 1982). The State preserved the error in this appeal. See § 924.051(1)(b), (3), Fla. Stat. (2003). The trial court had a nondiscretionary duty in this case to impose the three-year mandatory minimum sentence pursuant to section 893.135(1)(k)(2), Florida Statutes (2001)....

...Supreme Court: MUST A JURY BE INSTRUCTED ON SIMPLE POSSESSION OF COCAINE PURSUANT TO SECTION 893.13(1)(e), FLORIDA STATUTES, WHERE THE INFORMATION CHARGES TRAFFICKING BY DELIVERY [AND ONLY BY DELIVERY] IN AN AMOUNT GREATER THAN 400 GRAMS PURSUANT TO SECTION 893.135(1)(b)(3), FLORIDA STATUTES? All other points on appeal are affirmed....

...4th DCA 1985), that where the defendant has been charged with trafficking in cocaine, possession of cocaine under section 893.13(1)(e), Florida Statutes (1983), is a category 1 (one step removed) lesser included offense of trafficking in cocaine under Section 893.135(1)(b), Florida Statutes (1983)....

...The opinion cited to Florida Standard Jury Instructions (Criminal), p. 274. Id. at 285. That page of the criminal jury instructions to which the court cited, reads as follows with respect to trafficking in cocaine and category 1: CHARGED OFFENSES CATEGORY 1 Trafficking in cocaine 893.135(1)(b) 893.13(1)(a) if sale, manufacture or delivery is charged Bringing cocaine into state 89.13(1)(d) Possession of cocaine 893.13(1)(e) The court then considered Butler v. State, 497 So.2d 1327 (Fla. 4th DCA 1986), in which the defendant was charged with different offenses, including trafficking in cocaine in an amount greater than 28 but less than 200 grams, by delivery, contrary to sections 893.135(1)(b)(1) and 893.03(2)(a)(4), Florida Statutes (1985)....

...on simple possession as a lesser included offense to trafficking in cocaine. We conclude that it did. Id. at 1328. In this case the defendant's alleged offenses included trafficking in cocaine by delivery in excess of 400 grams, contrary to sections 893.135(1)(b)(3) and 893.03(2)(a)(4), Florida Statutes (1985)....

...800(a), Florida Rules of Criminal Procedure. [1] We affirm, albeit on a different ground than cited by the trial court. However, we remand for correction of the judgment and sentence to indicate, as to Count II of the information, a conviction under section 893.135(1)(b), Florida Statutes....

...The trial court denied the motion, finding that this court had already addressed the issues on direct appeal. Contrary to the trial court's order, Janes did not raise any sentencing errors on direct appeal. We nevertheless affirm, in that denial was appropriate on the merits of the issues raised. See § 893.135(5), Fla....

...1st DCA 1989) (the rules do not preclude imposition of a mandatory penalty as part of a guidelines sentence). As to the allegation regarding the charge of conspiracy to traffic, we note appellant's argument that Count II of the information cites section 893.13 as authority therefor, rather than section 893.135(1)(b). However, given the description of the charge, this was clearly a scrivener's error. Therefore, we affirm, but remand for correction of the judgment and sentence to indicate conviction, as to Count II, under section 893.135(1)(b)....

...Gen., for appellee. McCORD, Judge. Appellant was convicted of trafficking in cocaine and sentenced to three years in prison. He appeals the judgment and sentence contending that the trial court erred in denying his motion to dismiss based upon his assertion that § 893.135, Florida Statutes, is unconstitutional and also erred in denying his motion to suppress evidence found in his home upon execution of a search warrant. We affirm. As to appellant's argument that his motion to dismiss should have been granted because § 893.135(3) is unconstitutional, we find no error in the trial court's denial of the motion....

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

...tes a third-degree felony. The trial judge entered a departure sentence based on quantity — the fact that Stanley possessed 99 pounds of cannabis. If the amount had exceeded 100 pounds, the offense would have been elevated to a first-degree felony. § 893.135(1)(a), Fla....

...egree felony category, the punishment range for that crime is much broader than the guidelines presumptive sentence. Indeed had Stanley possessed only one more pound of cannabis at the time of his arrest, he could have been convicted of trafficking, § 893.135(1)(a), Fla....

...Jim Smith, Atty. Gen., Tallahassee and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee. RYDER, Judge. Thomas L. Saunders appeals from his conviction and sentence for violation of the Florida Comprehensive Drug Abuse Prevention and Control Act, section 893.135, Florida Statutes (1979), arguing that the trial court's denial of his motion to discharge under the speedy trial rule was error....

...nsidering the evidence and all reasonable inferences therefrom in a light most favorable to the State. See Pagan v. State, 830 So.2d 792, 803 (Fla.2002). Count One charged trafficking in hydrocodone, the 33 white pills found inside the change purse. § 893.135(1)(c)1.b., Fla....

...Krauss, Asst. Atty. Gen., Tampa, for appellee. FRANK, Judge. The appellant, Anthony J. Jimenez, appeals from the trial court's judgment and sentence following conviction for delivery of and conspiracy to traffic in one ounce of cocaine in violation of section 893.135, Florida Statutes (1985)....

...Accordingly, we affirm the appellant's conviction but reverse the sentence and remand to the trial court for resentencing within the guidelines' presumptive range. See Edwards v. State, 482 So.2d 553 (Fla. 2d DCA 1986). CAMPBELL, A.C.J., and HALL, J., concur. NOTES [1] Section 893.135(3).

...Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Douglas Gurnick, Assistant Attorney General, Fort Lauderdale, for appellee. PER CURIAM. We affirm appellant's conviction for trafficking in cocaine in violation of section 893.135(1)(b)1.b, Florida Statutes (1995)....

...Accordingly, we reverse the decision of the trial court reducing the charges brought against the defendants. The facts of the case are as follows. Froilan Alonso Garcia and Braulio Castillo, the defendants, were charged with two counts of trafficking in cocaine. The information alleged that the defendants violated Section 893.135(1)(b), Florida Statutes (1989), in that they were knowingly in actual or constructive possession of 400 grams or more of cocaine, or a mixture containing cocaine....

...The sample taken from the interior portion of the packages tested negative for cocaine. The chemist stated that the two substances were not separated by any physical barrier within the packages. The State argued that these packages were "mixtures containing cocaine" as proscribed by Section 893.135(1)(b)....

...rtion of the material tested positive for cocaine. The trial court then granted the defendants' motions to dismiss and reduced the charges to simple possession of cocaine. We note that the Florida Supreme Court, in upholding the constitutionality of Section 893.135(1)(b), recognized that cocaine is generally marketed in a diluted or impure state, and concluded that the intent of the statute was to classify offenders based upon the total amount of the substance containing the cocaine — not by the amount of the pure cocaine itself. State v. Yu, 400 So.2d 762 (Fla. 1981). [2] Similarly, this Court in the case of Velunza v. State, 504 So.2d 780 (Fla. 3d DCA 1987), focused upon the *1239 weight of the mixed substance of cocaine, and affirmed the defendant's conviction under Section 893.135(1)(b), for possession of 400 grams or more of a mixture containing cocaine....

...ing the blending process) before they were arrested. Accordingly, we reverse the trial court's reduction of the charges, as well as the proceedings that followed thereafter, and remand for further proceedings consistent herewith. Reversed. NOTES [1] Section 893.135(1)(b), Florida Statutes (1989) (emphasis added), states that: Any person who knowingly sells, 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....

...State Prison ... plus a $200,000 fine... ." which is appealed here. The maximum penalty for the offense with which appellant was originally charged is thirty years' imprisonment with a fifteen-year mandatory minimum sentence, and a $200,000 fine. §§ 893.135(1)(a)3, 775.082(3)(b), Fla. Stat. (1983). The maximum penalty for the offense to which appellant pled guilty is thirty years' imprisonment with a five-year mandatory minimum sentence, and a $50,000 fine. §§ 893.135(1)(a)2, 775.082(3)(b), Fla....

...In effect appellant has been sentenced for a crime to which he did not plead guilty. Such a sentence is illegal. Appellant did *432 not agree that his plea would stand to the higher offense if he did not appear for sentencing. He nevertheless has been convicted and sentenced for violation of section 893.135(1)(a)3, Florida Statutes, when he pled guilty only to violation of section 893.135(1)(a)2....

...cate of eligibility pursuant to section 943.0585, Florida Statutes. The certificate of eligibility would have allowed him to have his conviction expunged. We affirm. Roberto pled nolo contendere in 1981 to trafficking in methaqualone, a violation of section 893.135, Florida Statutes, and a first degree felony....

...He argues that his sentence is illegal because he received both a fine and a term of imprisonment as a habitual offender. If Mr. Baker's fine had been imposed as a matter of discretion under section 775.083, Florida States (2003), his argument would have merit. However, the fine imposed on him was mandatory under section 893.135, Florida Statutes (2003)....

...east for offenses committed after September 30, 2000. For events that occurred in November 2003, Mr. Baker pleaded guilty and was convicted in 2004 of several drug charges, including trafficking in less than fourteen grams of hydrocodone pursuant to section 893.135(1)(c)(1)(a)....

...cretion to impose a fine of only *420 $10,000 for a first-degree felony. See § 775.083(1)(b). Thus, section 775.083 does not authorize this fine. It is obvious that the sentence contains a scrivener's error and that the fine was imposed pursuant to section 893.135(1)(c)(1)(a)....

...State, 884 So.2d 73 (Fla. 2d DCA 2004); Webster v. State, 705 So.2d 970 (Fla. 2d DCA 1998). In Floyd v. State, 739 So.2d 1241 (Fla. 2d DCA 1999), this court appeared to extend the holding in Webster to apply to a fine imposed under the 1991 version of section 893.135(1)(b)(1)(a). On closer examination, that does not seem to be what occurred in Floyd. The fine imposed in Floyd was $10,000. The relevant version of section 893.135 mandated a fine of $50,000....

...fficking. See Wright v. State, 743 So.2d 103 (Fla. 1st DCA 1999). This court followed Wright in Harper v. State, 889 So.2d 899 (Fla. 2d DCA 2004), and Virgil v. State, 884 So.2d 373 (Fla. 2d DCA 2004). The holding in Wright, however, only applied to section 893.135 as amended by chapter 93-406, section 24, Laws of Florida....

...dressed in this case was not addressed in any case involving an offense committed between 1994 and 2000. [2] *421 Mr. Baker received a lawful five-year term of imprisonment as a habitual offender. Because his fine was mandatory under the language of section 893.135 and was not a discretionary fine under section 775.083, we conclude that the language in section 775.083, limiting fines under that statute to cases in which sentences are imposed under section 775.082, plays no role in our analysis. This fine was lawfully imposed under section 893.135 in addition to the term of imprisonment imposed under section 775.084....

...Accordingly, we approve the decision of the trial court. Affirmed. STRINGER and VILLANTI, JJ., Concur. NOTES [1] In another appeal of an order denying relief under rule 3.800(a), this court reversed and remanded for further consideration of whether a mandatory fine imposed under section 893.135 violated the holding in Floyd....

...He received a sanction of five years in prison followed by five years' probation. His primary offense at sentencing — trafficking in methamphetamine — carried a mandatory minimum penalty of five years, which "shall not be suspended, deferred, or withheld." § 893.135(1)(f)2., *827 Fla....

...at 506. The personal acquisition and consumption of illegal drugs differs sharply, however, from the peddling of such drugs for profit. We cannot overlook the significance of one other consideration deriving from Scates. Although sections 893.13 and 893.135 both call for a minimum term of confinement, the provisions are susceptible to differing constructions: Two other sections in chapter 893 contain mandatory minimum sentences. Sections 893.135 [drug trafficking] and 893.20 [continuing criminal enterprise], Florida Statutes (1989), provide that the minimum sentences contained therein shall "not be suspended, deferred, or withheld." Also, sections 893.135 and 893.20 expressly refer to their sentences as "mandatory." There is no similar restriction in section 893.13(1)(e), and the word mandatory is not used....

...The omission of this language implies that the legislature intended a different construction, allowing trial judges greater discretion in sentencing decisions under section 893.13(1)(e). Scates, 603 So.2d at 505-06 (footnote omitted). The inclusion in section 893.135 of the proscription against suspending, deferring or withholding the mandatory penalty reflects a legislative intent to strengthen the punishment for large scale drug trafficking....

...arceration. At sentencing, both parties acknowledged that the recommended guidelines range was 4 1/2 to 5 1/2 years. Over State objection, the trial court downwardly departed by imposing a three-year sentence and waiving the $50,000 fine mandated by section 893.135(1)(b)(1), Florida Statutes (1985)....

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

...the motor vehicle had been alleged, and that review of what, in particular, was charged is relevant and necessary in double jeopardy analysis. In Gibbs v. State, 698 So.2d 1206 (Fla. 1997), the defendant was convicted of trafficking possession under section 893.135(1)(b), Florida Statutes (1989) and simple possession under section 893.13(1)(f), Florida Statutes (1989)....

...The Florida Supreme Court held these dual convictions violated double jeopardy principles. However, the court noted there would be no double jeopardy violation if the defendant had been charged with trafficking sale, an alternate activity prohibited under section 893.135, and simple possession....

...Frederick Robbins, Miami, for Gonzales and Perez. William Moran, Miami, for Dicamillo and Araujo. Robert Josefsberg, Miami, for Howard. OVERTON, Justice. In State v. Benitez, 395 So.2d 514 (Fla. 1981), and State v. Werner, 402 So.2d 386 (Fla. 1981), we held constitutional section 893.135, Florida Statutes (1979), Florida's drug trafficking law. In addition to those arguments we found to be without merit in Benitez and Werner, appellees in the present consolidated appeals ask us to strike section 893.135 as unconstitutional on another ground....

...ngs in both federal and state courts, this discretionary authority is present in the trial judge, and not the jury, without specific statutory guidelines. We find appellees' assertions totally without merit, and uphold the constitutional validity of section 893.135....

...The jury was told that the elements of trafficking are as follows: 1) Appellant knowingly purchased a certain substance; 2) the substance was cocaine; 3) the quantity of the substance was 28 grams or more; and 4) Appellant knew the substance was cocaine. See § 893.135(1)(b)1.a., Fla....

...Thus, the conspiracy itself could not have been the independent act of Rauf alone. However, the jury heard conflicting evidence regarding how much cocaine Appellant agreed and expected to purchase from Edelin, and whether it was an amount sufficient to constitute trafficking under section 893.135(1)(b)1.a....

...Gen., Tallahassee, and Mark Menser, Asst. Atty. Gen., Daytona Beach, for appellee. SHARP, Judge. Way appeals from a judgment adjudicating him guilty of trafficking in cocaine and sentencing him to three years imprisonment and a $50,000.00 fine pursuant to section 893.135(1)(b)1, Florida Statutes (1981). He argues that the trial court erred in failing to give his requested jury instruction that the state must prove he knew the amount of cocaine he possessed was twenty-eight grams or more. We affirm. Section 893.135(1)(b)1 provides: Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine......

...Ryan, 413 So.2d 411 (Fla. 4th DCA 1982). In Wiesenberg v. State, 455 So.2d 633 (Fla. 5th DCA 1984), we approved this instruction, and rejected Way's argument that proof of knowledge of weight is also essential. In our view, Way's interpretation of section 893.135(1)(b) would require reading three "knowinglys" into the statute where at best there are only two....

...lorida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we certify to the Florida Supreme Court the following: IS PROOF THAT A DEFENDANT KNOWS THAT THE WEIGHT OF THE SUBSTANCE POSSESSED EQUALS 28 GRAMS OR MORE ESSENTIAL IN OBTAINING A CONVICTION UNDER SECTION 893.135(1)(b)? AFFIRMED....

...Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellee. STONE, Judge. The state appeals the imposition of a sentence, in the absence of substantial assistance, which was below the fifteen-year mandatory minimum required by section 893.135(1)(b)(3), Florida Statutes (1987)....

...an when his supplier received a lesser sentence. The court also indicated that the statute would be unconstitutional as applied, because the appellee, as a middle man, did not have the same ability as his codefendant-supplier to provide information. Section 893.135(4), Florida Statutes (1987), provides: 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 ide...

...We hold that Officer Titra, acting *914 on a legitimate caretaking responsibility, conducted a constitutionally reasonable search of a container that announced its contents as music tapes in which privacy rights are minimal. Knight's second point on appeal, challenging the constitutionality of Section 893.135, Florida Statutes (1979), is foreclosed by the Supreme Court's recent decision upholding the constitutionality of this drug-trafficking statute under similar attack....

...We reverse the trial court's order and remand for further proceedings. In his motion, McCabe alleged that he pleaded to trafficking in more than 28 but less than 200 grams of cocaine. He further alleged that the three-year mandatory minimum term of imprisonment imposed by the trial court pursuant to section 893.135(1)(b)(1)(a), Florida Statutes (1999), is illegal based on our opinion in Taylor v....

...Therefore, McCabe has presented a facially sufficient claim. See Sims, 838 So.2d 658. *705 We reverse the order of the trial court and remand for further consideration of McCabe's claim. If McCabe is correct that the trial court imposed a mandatory minimum pursuant to section 893.135(1)(b)(1)(a) where the offense was committed within the Taylor window, the trial court shall resentence him under the 1997 version of that statute....

...We reverse the trial court's order and remand for further proceedings. In her motion, Barber alleged that she pleaded to trafficking in more than four but less than fourteen grams of hydromorphone. She further alleged that the three-year mandatory minimum term of imprisonment imposed by the trial court pursuant to section 893.135(1)(c)(1)(a), Florida Statutes (2000), is illegal based on our opinion in Taylor v....

...Therefore, she has presented a facially sufficient claim. See Sims, 838 So.2d 658. We reverse the order of the trial court and remand for further consideration of Barber's claim. If Barber is correct that the trial court imposed a mandatory minimum pursuant to section 893.135(1)(c)(1)(a) where the offense was committed within the Taylor window, the trial court shall resentence her under the 1997 version of that statute....

...preparing their defense or to preclude a possible double jeopardy defense on a subsequent prosecution. The information tracked the language of both the conspiracy statute, Section 777.04(3), Florida Statutes (1979), and the drug trafficking statute, Section 893.135(1)(a)1, Florida Statutes (1979) which rendered it sufficient....

...Perez was charged with second-degree murder in violation of section 782.04, Florida Statutes (1983). The information alleged that the murder occurred on December 23, 1983. Perez was subsequently charged in a separate information with trafficking in cocaine and trafficking in cannabis in violation of section 893.135, Florida Statutes (1983)....

...[3] Accordingly, we affirm the trial court's denial of Perez's 3.850 motion to correct his sentence. NOTES [1] The minimum mandatory sentence was imposed pursuant to section 775.087(2), Florida Statutes (1983). [2] The minimum mandatory sentence was imposed pursuant to section 893.135(1)(a)(1), Florida Statutes (1983)....

...2187, 57 L.Ed.2d 65 (1978). *137 The State charged that appellant conspired with several others to traffic in more than 400 grams of cocaine (count one) and with being a principal to trafficking in more than 400 grams of cocaine, (count two) in violation of section 893.135, Florida Statutes....

...oresheet should be prepared to reflect the conviction on a single count. As noted above, we dismiss the State's cross-appeal, and we do not address the other issues appellant raised, as they are moot. MINER, ALLEN and WEBSTER, JJ., concur. NOTES [1] Section 893.135(1)(b)1., Florida Statutes (1995), defines trafficking as "sell[ing], purchas[ing], manufactur[ing] deliver[ing] ... bring[ing] into this state or [possessing] more than 28 grams of cocaine ... or any mixture containing cocaine..." Section 893.135(5), states: 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 had actually committed such a prohibited act. § 893.135(5), Fla....

...In keeping with these instructions, as to Count I, the trafficking charge, the verdict form asked the jury to determine not just whether Mantilla possessed more than 25 pounds of cannabis with the intent to sell it as required for a conviction under section 893.135(1)(a), Florida Statutes (2009), but also whether he possessed between 20 grams and 25 pounds or less than 20 grams as lesser included offenses....

...NOTES [1] A key that opened that door was, however, located in a dresser drawer in the master bedroom of the house during a search conducted pursuant to a search warrant. [2] These are not lesser included offenses of a trafficking in cannabis charge but the separate crime of simple possession. See § 893.135(1)(a), § 893.13(6)(a), Fla....

...uilty on this count and raises no claims regarding the verdict on this charge. [4] The defendant in Gibbs was convicted of trafficking possession of cocaine, that is possession of more than 28 grams but less than 400 grams of cocaine in violation of section 893.135(1)(b) of the Florida Statutes and for simple possession of the same controlled substance under section 893.13(6)(a), Florida Statutes (2009). But for the illegal substance involved, the crimes charged here are the same as those charged in Gibbs. See § 893.135(1)(a), Fla. Stat. (2009) (defining trafficking in cannabis and making it a felony of the first degree to possess more than 25 pounds of cannabis); § 893.135(1)(b), Fla....

...893.13 relating to the purchase or the possession of a controlled substance.... Jones's habitual offender status was predicated on four prior felony convictions, three of which were violations of section 893.13, while the fourth was a drug trafficking offense. As the drug trafficking conviction falls under section 893.135, not section 893.13, Jones's sentence as a habitual offender meets the requirement that at least one prior felony conviction not be a violation of section 893.13....

...rticipate. The search revealed cocaine hidden under the floor of a hallway closet in the trailer. No search warrant was ever sought or obtained. The defendant was charged with possession of over 400 grams of cocaine, in violation of Florida Statutes Section 893.135....

...This is because, although the sentencing minimum mandated by section 775.082(3)(a)4. is twenty-five years, the sentence is not a “mandatory minimum” sentence that must be served day-for-day such as those set forth in, for example, sections 775.082(9)(b) or 893.135(3), Florida Statutes, which contain specific language indicating that the sentence is a “mandatory minimum” or that the defendant is not eligible for any form of early release....

...(2008) (“A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.”); § 893.135(3), Fla....

...See also § 775.082(9)(b) (“A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.”); § 893.135(3), Fla....

...Defendant entered a plea of no contest to the trafficking charge, leaving defendant's sentence to the discretion of the trial judge. At the sentencing hearing, the state noted it had discussed with defendant the possibility of his rendering substantial assistance pursuant to section 893.135(3), Florida Statutes (1983)....

...The court also ordered defendant to complete 100 hours of community service for each year of community control and pay $1,500 in court costs within five years. Defendant's conviction for trafficking in cocaine called for a mandatory minimum sentence of three years' imprisonment. § 893.135(1)(b)(1), Fla....

...Stat. (1983). The sentencing court lacked the authority to reduce the defendant's mandatory minimum sentence since the state did not file a motion for reduction of sentence based on the defendant's providing substantial assistance to law enforcement. § 893.135(3); State v....

...ommission of a felony. The trial judge accepted appellant's plea. At the sentencing hearing, he orally pronounced the sentences as follows: for trafficking in cocaine, 14 years in prison with imposition of the five-year mandatory minimum pursuant to Section 893.135(1), Florida Statutes; for possession of a firearm by a convicted felon, ten years in prison to run concurrently with the above sentence; for possession of paraphernalia, five years in prison to run concurrently; for possession of more...

...In that case, the defendant was charged with committing armed robbery against 13 different people simultaneously. Also, in Vickery v. State, 515 So.2d 396 (Fla. 1st DCA 1987), this court followed the Palmer rationale and determined that consecutive mandatory minimum sentences could not be imposed pursuant to Section 893.135, Florida Statutes, for three drug offenses which occurred in a single criminal episode. Numerous cases involving the imposition of mandatory minimums imposed under either section 775.087(2) or section 893.135 have followed Palmer and determined that consecutive mandatory minimum sentences could not be imposed pursuant to either of those statutes alone for multiple offenses which occurred in a single criminal episode....

...mstances. Further, we find no error in imposing the three-year mandatory minimum sentence pursuant to section 775.087(2) consecutively to the 14-year term imposed for trafficking in cocaine (which included the five-year mandatory minimum pursuant to section 893.135)....

...jury. [1] Immediately thereafter, the parties began discussing sentencing issues, and the omission was discovered. Over defense objection, Estevez was sentenced to serve the fifteen-year minimum mandatory term for trafficking in excess of 400 grams. § 893.135(1)(b), Fla....

...e of a firearm because the jury did not make the additional finding in its verdict that the defendant used a firearm. Streeter v. State, 416 So.2d 1203 (Fla. 3d DCA 1982). Before a defendant can be subject to a minimum mandatory sentence pursuant to section 893.135(1)(b), the verdict form must contain a finding that the defendant committed the crime prohibited by the minimum mandatory sentencing statute....

...ON THE VERDICT FORM THAT THE DEFENDANT IS GUILTY OF COCAINE TRAFFICKING IN AN AMOUNT OF 400 GRAMS OR MORE, IN THE FACE OF UNCONTROVERTED EVIDENCE THAT THE AMOUNT AT ISSUE EXCEEDED 400 GRAMS, PRECLUDE IMPOSITION OF A MINIMUM MANDATORY SENTENCE UNDER SECTION 893.135? Sentence reversed; remanded for resentencing; question certified....

...The trial court denied his request to give the lesser included instructions as to the conspiracy charge because even the offenses involving a lesser amount of cocaine were also first degree felonies. [3] The supreme court reversed, holding that even though all of the offenses included within section 893.135 were first degree felonies, a different mandatory minimum sentence and fine was required depending on the quantity of the substance involved in the offense....

...ld in effect be setting the minimum penalty. We do not believe that the supreme court intended to require that the trial court inform the jury as to exactly what the various sentences might be. AFFIRMED. W. SHARP and PETERSON, JJ., concur. NOTES [1] Section 893.135(1)(b)1 has since been amended but the amendment does not affect this case....

...Defendant contends that the evidence at trial was insufficient to prove the charge against him. We agree. There was no evidence that defendant sold, purchased, manufactured, delivered or brought into the state any cocaine or that he was in actual possession of cocaine in violation of section 893.135(1)(b), Florida Statutes (1987)....

...They have preserved as the only issue on this appeal, whether or not the state sufficiently established the weight of the contraband to be in excess of 100 pounds and thereby require a mandatory minimum sentence of 3 years under the trafficking statute, Section 893.135(1)(a)1 Florida Statutes (1981) which would follow as a result of the conviction on the trafficking count....

...l authorities before it could be tested by the defendants and obviously before trial. Notwithstanding the destruction of the contraband the evidence was sufficient to support a finding of trafficking in contraband in excess of 100 pounds contrary to Section 893.135(1)(a)1 of the Florida Statutes (1981)....

...Masztal, Miami, and Rhonda Anne Anderson, for appellant. Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee. Before NESBITT, FERGUSON and LEVY, JJ. PER CURIAM. The Defendant, Jorge Rada, was convicted of trafficking in cocaine in violation of Section 893.135, Florida Statutes (1987), and attempted bail-jumping in violation of *1113 Sections 777.04 and 843.15, Florida Statutes (1987)....

...Subsequent to the controlled buy, which took place at Eagle's vehicle, Eagle was stopped and ultimately arrested. A search of his vehicle produced a cloth bag containing a large amount of prescription drugs. Eagle was charged with, among other offenses, trafficking in illegal drugs in violation of section 893.135(1)(c)1, Florida Statutes (Supp.1996)....

...1st DCA 1997), the amount of drugs found in his possession did not fall within the ambit of the trafficking statute. The trial court granted the motion with regard to the hydrocodone found in Eagle's possession, but not with regard to the oxycodone found in his possession. Section 893.135(1)(c)1 provides as follows: Any person who knowingly sells, purchases, manufactures, delivers or brings into the state, or who is in actual or constructive possession of 4 grams or more of any morphine, opium, oxycodone, hydrocodone,...

...1999), the supreme court approved the First District's interpretation of this statute in Holland. The issue in both cases was how to determine whether prescription tablets containing hydrocodone as well as a noncontrolled substance met the trafficking threshold of section 893.135(1)(c)1. The supreme court pointed out that section 893.135(1)(c)1 applies only to substances listed on Schedules I and II....

...This interpretation is also supported by the fact that the supreme court stated that if the tablets in Hayes's possession were classified as Schedule II substances, Hayes would be subject to a mandatory minimum term of 25 years' imprisonment and a $500,000 fine under subsection 893.135(1)(c)1 c....

...t, 757.5 milligrams (750 milligrams of acetaminophen plus 7.5 milligrams of hydrocodone), by the number of tablets, 40, for a total weight of 30,300 milligrams or 30.3 grams. See id. at 5 n. 4. This methodology is consistent with the proscription in section 893.135(1)(c)1....

...id not bring Travis within the ambit of the trafficking statute. We disagree with the Fifth District's calculation of the amount of oxycodone in Travis's possession because, as we have explained, in calculating Schedule II substances for purposes of section 893.135(1)(c)1, the supreme court indicated that the total weight of each tablet should be multiplied by the number of tablets. Accordingly, we affirm Eagle's conviction of trafficking in illegal drugs in violation of section 893.135(1)(c)1....

...re the trial court to address the issue." Blanco v. Wainwright, 507 So.2d 1377, 1384 (Fla.1987); see also Ross v. State, 726 So.2d 317, 318 (Fla. 2d DCA 1998). Here, the State charged Antunes-Salgado with conspiracy to traffic in cocaine pursuant to section 893.135(5), Florida Statutes (2005)....

...elate to the trafficking conviction. To prove the trafficking offense, the State had to prove that Antunes-Salgado knowingly sold, purchased, manufactured, or delivered the cocaine or that he was knowingly in actual or constructive possession of it. § 893.135(1)(b)(1)....

...Additionally, appellant was fined $200,000 for Count V and $50,000 for Count IV. We affirm the convictions of Counts I, II and IV, reverse the conviction of Count V and remand with direction to enter judgment, as to Count V, for trafficking in over 2,000 pounds of cannabis but less than 10,000 pounds pursuant to section 893.135(1)(a)2, Florida Statutes (1985)....

...rs to the agreement, he refused to file a substantial assistance motion allowing the court to mitigate the sentence. At the hearing, defense counsel argued that Suarez had upheld his part of the bargain and was entitled to a mitigated sentence under section 893.135(3), Florida Statutes (1985)....

...The trial court adjudicated Suarez guilty, and over the state's objection, found that Suarez had provided substantial assistance, and sentenced Suarez to five years' probation for possession, fifteen years' probation for delivery of cocaine, and fifteen years' probation for conspiracy to traffic in cocaine. Section 893.135(3) provides that the state may move to have a defendant's sentence reduced or suspended if the defendant provides substantial assistance in the identification, arrest, or conviction of any of his accomplices or coconspirators....

...delivery of alprazolam. We reverse. In Hayes, the supreme court quashed this court's decision in the underlying case of State v. Hayes, 720 So.2d 1095 (Fla. 4th DCA 1998), quashed, 750 So.2d 1 (Fla. 1999), and held that the drug trafficking statute (section 893.135(1)(c)1, Florida Statutes (Supp.1996)) did not apply to possession of hydrocodone in amounts under fifteen milligrams per dosage unit....

...The State contends that the information is specific enough to sufficiently apprise the defendant of the charge against him. Attempted trafficking in cannabis may be committed by the attempted sale, attempted manufacture, attempted delivery, or attempted possession. § 893.135(1)(a), Fla....

...ON MOTION FOR REHEARING PER CURIAM. We deny appellant's motion for rehearing. However, we withdraw the opinion issued December 9, 1987 and substitute the following: The state charged appellant by information with trafficking in cocaine in violation of section 893.135(1)(b)1, Florida Statutes (1985), after 548.5 grams of cocaine were discovered in his carry-on garment bag at Fort Lauderdale International Airport....

...d in the information. He now contends, among other things, that the trial court failed to give an adequate jury instruction on trafficking in cocaine and that the trial court erred in failing to grant his motion for judgment of acquittal. We affirm. Section 893.135(1)(b)1, Florida Statutes (1985) requires "knowing" possession of cocaine. Because of that requirement, the Florida Supreme Court found in State v. Dominguez, 509 So.2d 917 (Fla. 1987) that the standard jury instruction on trafficking in cocaine did not adequately address the knowledge requirement of section 893.135(1)(b)1 and amended it to read as follows by adding a fourth element: 1....

...e courts. Heiney v. State, 447 So.2d 210, 212 (Fla.) cert. denied, [469] U.S. [920], 105 S.Ct. 303, 83 L.Ed.2d 237 (1984). See also Brayton v. State, 425 So.2d 88 (Fla. 1st DCA 1982) (evidence of guilty knowledge is sufficient for a conviction under section 893.135 when the drugs are found in the exclusive possession of the accused); Kresbach v....

...n. We do not disagree with the statement in Way v. State, 475 So.2d 239 (Fla. 1985), and State v. Ryan, 413 So.2d 411 (Fla. 4th DCA 1982), that knowledge of the substance possessed is an essential element of the crime of trafficking in cocaine under section 893.135(1)(b)1....

...Before SCHWARTZ, C.J., and SHEVIN and SHEPHERD, JJ. SHEPHERD, J. Emile McFord appeals a final judgment of conviction and sentence for violating a substantial assistance plea agreement. We affirm. In April 2001, McFord was charged with drug trafficking in violation of § 893.135(1)(b)(2), Fla. Stat. (2000). In September of that year, McFord entered into a plea agreement to supply the State with "substantial assistance," see § 893.135(4), Fla....

...y rule 3.191 are determined by the computational rules of Florida Rule of Criminal Procedure 3.040. We agree and reverse. On December 12, 1986, Edwards was arrested and subsequently charged with trafficking in cocaine (a felony) in violation of *121 section 893.135(1)(b)1, Florida Statutes (1985)....

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

...red at separate time, and was not part of same criminal episode). The state's reliance on section 775.021(4)(a), Florida Statutes (Supp. 1988), which permits consecutive sentences for separate offenses is misplaced. The mandatory sentence imposed by section 893.135, Florida Statutes (1987), takes precedence where, as here, the recommended sentence is less than the mandatory penalty. See Fla.R.Crim.P. 3.701(d)(9). *1008 There is nothing in Section 893.135 which requires imposition of consecutive minimum mandatory sentences....

...5th DCA 2000) which expressly and directly conflicts with the decision in Hayes v. State, 750 So.2d 1 (Fla. 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the following reasons, we quash the decision of the Fifth District Court of Appeal. Domina Travis (Travis) was charged under section 893.135(1)(c)1.b., Florida Statutes (1997), with trafficking in fourteen grams or more of oxycodone, a schedule II controlled substance listed in section 893.03(2)(a)1....

...g dismissal. The central issue is whether Travis could be properly charged and sentenced under the drug trafficking statute if the total weight of the controlled substance alone does not trigger the four-gram limit. The trafficking statute at issue, section 893.135(1)(c)1, Florida Statutes (1997), provides in relevant part: 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...

...First, the controlled substance involved is oxycodone, and oxycodone is listed as a schedule II substance only. Secondly, there is no language in schedule II concerning "dosage unit." The operative language for schedule II controlled substances, substances that are subject to the trafficking statute, is found in section 893.135(1)(c)1., which provides in pertinent part: 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 any ......

...ion prohibits aggregating the number of tablets possessed by the defendant in order to meet the threshold amount for drug trafficking. Indeed the plain language of the statute and our decision in Hayes support aggregation. The mixture referred to in section 893.135 is the combination of the oxycodone and the non-controlled substance that is contained in each Roxicet tablet....

...2d DCA 2000), the Second District affirmed the trial court's denial of a defendant's motion to dismiss an information for trafficking in a number of oxycodone tablets and distinguished our decision in Hayes. The Second District opined that "in calculating Schedule II substances for purposes of section 893.135(1)(c)1, the supreme court indicated that the total weight of each tablet should be multiplied by the number of tablets." Id....

...The trafficking statute provides, in relevant part: (c) 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 . . . oxycodone . . . commits a felony of the first degree. . . . § 893.135(1)(c)1., Fla....

...perly departed from the sentencing guidelines. The guidelines presumptive sentencing range under defendant's scoresheet called for three and one-half to four and one-half years incarceration. The applicable mandatory minimum incarceration under *258 section 893.135(1)(b)(2), Florida Statutes (1983), is five years....

...As to reason number 5, the trial court's conclusion that five years incarceration is not enough simply seems to reflect disagreement with the guidelines, as modified by the foregoing mandatory minimum sentencing statute. We therefore reverse and remand for sentencing to the mandatory minimum as provided in section 893.135(1)(b)(2)....

...l court sentenced her to ten years' drug offender probation. The State argues, and DeMille concedes, that the trial court was statutorily required to impose a three-year mandatory minimum term of imprisonment and a $50,000 fine for this offense. See § 893.135(1)(c)(1)(a), (5), Fla. Stat. (2003). We agree and reverse and remand for resentencing in compliance with the requirements of section 893.135(1)(c)(1)(a)....

...Gonzalez, Tampa, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee. LEHAN, Judge. Defendant appeals his convictions and sentences for trafficking in cocaine and conspiracy to traffic in cocaine, violations of section 893.135, Florida Statutes (1983)....

...The jury found appellant guilty of trafficking in 400 grams or more of cocaine while carrying a firearm, and not guilty of use of a firearm in commission of a felony. The trial court imposed a thirty year sentence, which included the fifteen year mandatory minimum sentence and $250,000.00 fine, pursuant to section 893.135, Florida Statutes....

...The crime of trafficking in cocaine is committed by [a]ny 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 .. . § 893.135(1)(b), Fla....

...1986) (failure to request a jury instruction amounts to waiver of an entitlement to such instruction). In State v. Daophin, 533 So.2d 761, 762 fn. 2 (Fla. 1988), the court noted that the standard jury instructions have been amended "to provide that there [are] no necessarily lesser included offenses (category one) to 893.135 and to reclassify the former category one offenses as category two, permissive lesser included offenses." The Florida Bar Re Standard Jury Instructions — Criminal, 508 So.2d 1221, 1234-35 (Fla....

...contraband for the purpose only of verifying what it purported to be, the requested charge in my judgment should have been given. I would therefore reverse the conviction with directions that a new trial be granted. NOTES [1] Under the provisions of section 893.135(4), Florida Statutes (1987), a 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 identificatio...

...The appellant claims that he was impermissibly charged with a disjunctive pleading because the charging document alleged he "was knowingly in actual or constructive possession of and/or did knowingly purchase 400 or more grams of cocaine... ." Plainly, section 893.135(1)(b)(1), Florida Statutes (1991) provides that a person may be charged in the disjunctive....

...establish the same or separate offenses if such intent could be discerned from a review of the applicable statute or statutes and any accompanying legislative history or documentation. The conspiracy to traffic statute under which Ramos was charged, section 893.135(5), Florida Statutes (1985), states: Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) is guilty of a felony of the first degree and is punishable as if he 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). § 893.135(5), Fla. Stat. (1985) (emphasis supplied). Trafficking in cocaine is defined under section 893.135(1)(b) as follows: 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 § 893.03(2)(a)4 or of any mixture containing cocaine is guilty of a felony of the first degree, which felony shall be known as "trafficking in cocaine". § 893.135(1)(b), Fla....

...llant. Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellees. PER CURIAM. Defendants were charged with trafficking or conspiracy to traffic in over four grams of hydrocodone, a violation of section 893.135(1)(c)1, Florida Statutes (1997). Defendants moved to dismiss on the ground that each vicodin tablet contained only 10 mg. of hydrocodone which would not violate section 893.135(1)(c), the trafficking statute....

...I say reluctantly because I question whether, when the legislature enacted and amended our drug trafficking statute, it recognized how severe the penalties could be where the form of a drug such as hydrocodone was one to two percent in a commonly used prescription drug. Because section 893.135(1)(c)1 includes four grams or more of hydrocodone or "four grams or more of any mixture containing any such substance," the statute imposes a very harsh penalty for illegally possessing a quantity of pain killers which can be obtained in one prescription....

...ng, we reverse the sentence and remand this case to the trial court for re-sentencing. Blanc was charged by information with the above-stated crimes. He pled guilty in exchange for entering into a substantial assistance agreement with the state. See § 893.135(4), Fla....

...Blanc argues that the trial court erred in imposing an enhanced sentence of life imprisonment under section 775.087(1), Florida Statutes, where he was convicted of conspiracy to commit trafficking in cocaine with a firearm. We agree and reverse. Pursuant to sections 893.135(1)(b)1.c. and 893.135(5), Florida Statutes, any person who has actual or constructive possession or conspires to have in his actual or constructive possession cocaine in the amount of 28 grams or more, but less than 150 kilograms, commits a felony of the first degree known as "trafficking in cocaine." The applicable statute in Blanc's case—where the amount of cocaine is 400 grams or more, but less that 150 kilograms—is section 893.135(1)(b)1.c., Florida Statutes, which provides for a minimum mandatory sentence of fifteen years and a $250,000 fine....

...That meant that inmates with sentences of life imprisonment or death and those serving mandatory minimum sentences were not eligible for overcrowding credits. [12] Phase II eligibility (section 944.598(3)) required that the offender be serving a sentence of three years or less (except those imposed under section 775.087 or section 893.135, Florida Statutes (1983)) and be within 60 days of release by parole, gain time or expiration of sentence....

...h drugs. Dominguez contends that the prejudice resulting from this rebuttal testimony denied him a fair trial. Following a jury trial, both men were found guilty as charged. They were sentenced to 15 years minimum mandatory incarceration pursuant to Section 893.135, Fla. Stat. (1983). The instant appeals followed. The State has cross-appealed on the ground that the trial court erred in refusing to apply the mandatory fine pursuant to Section 893.135(1)(d)(3), Fla....

...4th DCA 1985); Blackburn v. State, 447 So.2d 424 (Fla. 5th DCA 1984); Jordan v. State, 419 So.2d 363 (Fla. 1st DCA 1982). The State on cross-appeal urges that the trial court committed reversible error in refusing to impose the mandatory fines pursuant to Section 893.135(1)(d)(3), Fla. Stat. (1983). The statute is mandatory in its terms as relates to a fine upon a conviction under Section 893.135(1)(d)(3), Fla....

...Samudio, 460 So.2d 419 (Fla. 2d DCA 1984); State v. Bateman, 423 So.2d 577 (Fla. 2d DCA 1982); State v. Taylor, 411 So.2d 993 (Fla. 4th DCA 1982). Therefore the matter will be returned to the trial court for resentencing by the assessing of the appropriate fines pursuant to Section 893.135(1)(d)(3), Fla. Stat. (1983). The convictions under review be and the same are hereby affirmed. The matter is returned to the trial court for the purpose of imposing fines as additional penalties. Affirmed in part, reversed in part with directions. NOTES [1] Section 893.135(1)(d)(3), Fla....

...Second, the defendant claims error in the imposition of sentence charging that the fifteen-year, minimum mandatory sentence *1177 was excessively severe and constituted cruel and unusual punishment in violation of the Eighth Amendment to the United States Constitution. She concedes that Section 893.135(2), Florida Statutes (1983), under which she was sentenced, is constitutionally valid on its face, State v....

...Gen., Daytona Beach, for appellant/cross appellee. James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee/cross-appellant. PER CURIAM. The defendant was convicted of attempting to traffic in cocaine greater than 400 grams, sections 893.135(1)(b)(3) and 777.04, Florida Statutes (1985) and conspiracy to traffic in cocaine greater than 400 grams, section 893.135(4), Florida Statutes (1985). The trial judge imposed concurrent sentences of six years incarceration followed by five years probation, which fell within the recommended guidelines sentence. The state appeals arguing that because section 893.135(4) provides that conspiracy "is punishable as if [defendant] had actually committed such prohibited act," the sentence for conspiracy in this case must be *671 the mandatory minimum sentence of imprisonment for fifteen years that is p...

...nishment of the felony defendant conspired to commit, which sentence is greater than the recommended guidelines sentence and under Florida Rule of Criminal Procedure 3.701(d)(9) must be imposed. The defendant argues that the words "is punishable" in section 893.135(4), Florida Statutes (1985) do not mandate a mandatory minimum sentence on the conspiracy to traffic in cocaine conviction. The trial judge erred in not imposing the appropriate sentence and fine. The language of section 893.135(4), Florida Statutes (1985) when read in conjunction with section 893.135(1)(b), Florida Statutes (1985), clearly indicates that the legislature intended conspiracy to traffic in cocaine not only to be a felony in the first degree, but also to be punishable as if the defendant had committed the act which he conspired to commit....

...Because the conspiracy related to trafficking in an amount of cocaine greater than 400 grams, a minimum term of imprisonment of fifteen years and a fine of $250,000.00 were mandated by the statute as punishment for the conspiracy to traffic in cocaine violation. §§ 893.135(1)(b)(3), 893.135(4), Fla....

...Oliver gave his consent, and because the proceedings before the sentencing court made it abundantly clear that the court would not be bound by the agreement between the State and Mr. Oliver, we conclude that Mr. Oliver is not entitled to relief. In 1998, Mr. Oliver was charged with trafficking in cocaine in violation of section 893.135(1)(b)1.a., Florida Statutes (1998)....

...and had to run concurrently. He claims that he would not have entered his plea if he had known that the mandatory minimum sentences could not be stacked. The trial court summarily denied his motion. Kelly was sentenced pursuant to the provisions of section 893.135, Florida Statutes....

...nment of 15 calendar years and pay a fine of $250,000. Thus, the statute defining the crime and setting forth the penalty contains the mandatory minimum penalty. Further, the statute specifically provides that a conspiracy to commit an offense under section 893.135(5) shall be treated and sentenced similarly: (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....

...was "a small quantity of cocaine." Id. at 522. It noted that the statute did not contain a mandatory minimum sentence. We can therefore conclude that he was charged and sentenced for a violation of section 893.13, Florida Statutes, rather than under section 893.135....

...nder which Hale was sentenced did not include mandatory minimum provisions. Under the Daniels/Hale analysis, in this case the court could impose consecutive mandatory minimum sentences for both conspiracy and trafficking of the same cocaine, because section 893.135 specifically requires a mandatory minimum sentence for each separate crime....

...a warrant. These individuals were not the owners of the property and are not parties to this appeal. The following day the owners of the home, appellees, Janet and Terry Loomis, were arrested and charged with trafficking in marijuana in violation of Section 893.135(1)(a), Florida Statutes (1979)....

...While federal law specifically requires that the participants commit an additional act beyond mere possession of contraband in order to be convicted of conspiracy to traffic, Florida law does not require an additional act. See 21 U.S.C. § 841(a)(1) (2006); § 893.135(b)1., Fla....

primary offense is drug trafficking under section 893.135, Florida Statutes, ranked in offense severity

trafficking in methamphetamine in violation of section 893.135, Florida Statutes, (Count 2) violated his constitutional

person found guilty of trafficking in cannabis. Section 893.-135(2), Florida Statutes. Accordingly, the trial

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

...1st DCA 2011) ("We do however, agree that Appellant could not be convicted o[f] [sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver methamphetamine in violation of section 893.13] and [trafficking in methamphetamine in violation of section 893.135] when the underlying conduct, i.e., possession, was the same for both offenses.")....

...addition to final adjudication, imposition of penalty or sentence, or other action." (Emphasis added.) The current version of section 397.705 no longer contains the phrase "instead of." See ch. 97-194, § 38, at 3726-27, Laws of Fla. [3] See, e.g., § 893.135(3), Fla....

...ng is required and enhanced sentencing is precluded. See S.R. v. State, 346 So.2d 1018, 1019 (Fla. 1977) (noting that the word "shall" is "normally meant to be mandatory in nature"). In Harper v. State, 889 So.2d 899 (Fla. 2d DCA 2004), we construed section 893.135(1)(b)(1)(a), Florida Statutes (1995), which, using language identical to that at issue here, states that a defendant convicted of trafficking in cocaine at the level of twenty-eight or more but less than 200 grams "shall be sentenced...

with trafficking in illegal drugs. *1288 See § 893.135(1)(c)1.c., Fla. Stat. (2000). We can summarize

...renting the House from its owners. After receiving Miranda warnings, Yee indicated that he lived in the House and owned the cannabis plants. Consequently, Yee was arrested. Yee was charged with one count of possession of cannabis pursuant to section 893.135, Florida Statutes (2014)....

...District Court of Appeal of Florida, Third District. November 5, 2003. Alberto Urruchurtu, in proper person. *388 Charles J. Crist, Jr., Attorney General, for appellee. Before COPE, SHEVIN, and WELLS, JJ. PER CURIAM. The order under review is affirmed. See § 893.135(1)(j), Fla....

...That crime and the minimum mandatory sentence that it carried, were first created by chapter 2000-320, section 4, Laws of Florida, page 3497 and became effective October 1, 2000. This amendment was not part of chapter 99-188, Laws of Florida but added entirely new provisions to section 893.135 and thus was not affected by any infirmity in chapter 99-188, by the decision in Taylor v....

...Stanton, Deland, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Hector Arzola ["Arzola"] was convicted of trafficking in cocaine, in violation of section 893.135, Florida Statutes (2007)....

...Arzola's nolo contendere plea was the product of an agreement with the State for Arzola to provide substantial assistance in exchange for the possibility of a sentence below the statutory minimum mandatory. The agreement allowed Arzola to provide "substantial assistance" in accordance with section 893.135(4), Florida Statutes, which permits the State to negotiate a reduced drug trafficking sentence for individuals who provide substantial assistance "in the identification arrest, or conviction of any......

...the form of information relevant to an unrelated homicide case. Prior to sentencing, Arzola moved to withdraw his plea on grounds that the State would not honor its agreement and refused to allow him to provide any substantial assistance pursuant to section 893.135(4), Florida Statutes....

...On this record, the motion to withdraw plea under the liberalized standard applicable prior to sentencing should have been granted. Fla. R.Crim. P. 3.170(f). Arzola entered a plea conditioned on the understanding that he would be allowed to provide substantial assistance pursuant to section 893.135(4), Florida Statutes....

...edge means the defendant must have knowledge of the illicit nature of the substance possessed. That is as much information as we can give to answer your question. Appellant was specifically charged with trafficking in methamphetamine in violation of section 893.135, Florida Statutes (1997)....

...Stark, Miami, for Appellee-Lisa Brown. SHAHOOD, J. The state appeals the dismissal of drug trafficking charges against appellees, Stephen Falkenstein and Lisa Brown. We reverse. Appellees were charged with Trafficking in Hydrocodone in violation of Florida Statute section 893.135( l )( c )1, and Grand Theft. They moved to dismiss the charges arguing that although they were in possession of 1500 Vicodin tablets (a prescription pain reliever), which contained an aggregate amount of 11.25 grams of hydrocodone, they could not be prosecuted under section 893.135 since each individual tablet contained less than four grams of the controlled substance....

...sumed along with the hydrocodone, or which facilitates the use, marketing and access of the hydrocodone, the aggregate weight of the tablets seized, and not the amount of hydrocodone per dosage unit, is the determinative weight for prosecution under section 893.135( l )(c)1, Florida Statutes (1996)....

...Hunter, 586 So.2d 319, 320 (Fla. 1991), and the fourth district's opinion, Hunter v. State, 531 So.2d 239, 240 (Fla. 4th DCA 1988), both indicate that the substantial assistance agreement which led to the arrest of the defendants was rendered pursuant to section 893.135(3), Florida Statutes (1985)....

...Gen., David P. Gauldin, Asst. Atty. Gen., Thomas H. Bateman, III, Asst. Atty. Gen., Tallahassee, for appellee/cross-appellant. SHIVERS, Judge. Zimmerman appealed his conviction and sentence for trafficking in more than 100 pounds of cannabis in violation of section 893.135(1)(a)1, Florida Statutes....

...um mandatory fine of $25,000 required by this statute. Zimmerman subsequently voluntarily dismissed his appeal. We resolve the cross-appeal in favor of the State and remand. On June 7, 1983, Zimmerman offered to plead nolo contendere to violation of section 893.135(1)(a)1, Florida Statutes....

...nce, mandatory three years, but failed to impose a fine. We note that the voluntary dismissal of an appeal does not affect proceedings on cross-appeal. Fla.R.App.P. 9.350(b); and the State may appeal an illegal sentence. Fla.R.App.P. 9.140(c)(1)(I). Section 893.135(1)(a)1, Florida Statutes, imposes a mandatory $25,000 fine in addition to the imprisonment....

...State, 359 So.2d 493 (Fla. 1st DCA 1978) (20 years imposed when 30 years was the statutory minimum sentence), Pruitt v. State, 403 So.2d 988 (Fla. 2d DCA 1980) ($5,000 fine imposed where $1,000 fine was maximum allowed). Notwithstanding the mandatory language of section 893.135(1)(a)1, Florida Statutes, a violator who renders substantial assistance may, upon a motion from the State, receive a reduced or suspended sentence pursuant to section 893.135(3), Florida Statutes: (3) 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,...

...y, except as authorized elsewhere in this chapter or in Chapter 499 of Florida Statutes. Section 893.13(1)(g), Florida Statutes (1987), provides for possession of not more than twenty grams of cannabis to be punishable as a first-degree misdemeanor. Section 893.135(1)(a), Florida Statutes (1987), provides for possession or sale of cannabis in excess of 100 pounds to be punishable as trafficking, a first-degree felony.

term for trafficking in cocaine pursuant to section 893.135, Florida Statutes (2000). We agree and, accordingly

for prosecution under the trafficking statute, § 893.135, Florida Statutes. Accordingly, the exact nature

...Sub judice, the charge read as follows: [D]id knowingly sell, manufacture, deliver or bring into the State of Florida or was in knowing or actual or constructive possession of cocaine or a mixture containing cocaine in the amount of more than 28 grams but less than 200 grams, contrary to Florida Statute 893.135(1)(b)1....

manufacture, delivery and bringing into this state. § 893.135, Fla.Stat. (1993). Simple possession is not a

...Each offense was punishable by a mandatory minimum sentence of fifteen years. Through plea bargaining, Acosta agreed to plead guilty to one count and to provide assistance to the state. The state, in return, nolle prossed one charge and agreed to a reduced sentence of seven years in accordance with section 893.135, Florida Statutes (1983)....

...s. Several days later the prosecutor refused to accept a statement from Acosta reciting that he had found the contraband in a package on the street. On motion of the state that the statement did not provide the substantial assistance contemplated by section 893.135, the court vacated the plea and sentence, entered a plea of not guilty, and set a trial date....

...antial assistance, nor, as the district court pointed out, did it insist, as was its right, that it receive the substantial assistance prior to imposition of sentence and entry of judgment. On this point, we would go farther than the district court. Section 893.135(3) does not contemplate that the substantial assistance will be rendered subsequent to a reduced or suspended sentence; it is the duty of the state to obtain the required assistance prior to moving the court to reduce or suspend the sentence....

...costa had been sentenced before the state sought to reprosecute him for failure to abide by his plea agreement. I believe that this case stands in a different position than Brown, not because of *389 double jeopardy, but because of the provisions of section 893.135, Florida Statutes (1985)....

person to commit any act prohibited by [section 893.135(1) ].” § 893.135(5), Fla. Stat. (emphasis added). The

...Laurore's remaining claims rest on her argument that she received an excessive sentence, and to the extent that the State has confessed error, we agree. The State concedes that the seven-year minimum mandatory term imposed by the trial court was not authorized by section 893.135(1)(b)1.b., Florida Statutes (1995), as that statute did not include a minimum mandatory term at the time Laurore committed her offense on April 14, 1996....

...He was sentenced to time served for the last count, a misdemeanor, as agreed, but he was sentenced concurrently to seven years for each of the other three counts. On the trafficking count he was sentenced as an HVFO with a seven-year mandatory minimum, as well as under section 893.135(1)(b)....

...He sought to withdraw his plea and proceed to trial. In his memorandum of law, Defendant claimed the fine was illegal, citing Floyd v. State, 739 So.2d 1241 (Fla. 2d DCA 1999) (reversing summary denial of rule 3.800(a) motion challenging imposition of $10,000 fine for violation of section 893.135(1)(b)1.a., Fla....

...In Baker, it concluded that the fine imposed in Floyd actually was the $10,000 discretionary fine allowed under section 775.083, which is not allowed if a habitual sentence is imposed. Baker, 941 So.2d at 420. However, the court found that the mandatory fine required by section 893.135 was lawfully imposed in addition to a term of imprisonment pursuant to section 775.084....

...In affirming the trial court's denial of relief, the Fourth District concluded that *137 there was no misadvice, because the trial court could properly have imposed the mandatory minimum terms consecutively. Id. First, the court below looked to the exact language of the governing statute, section 893.135, Florida Statutes, which reads in pertinent part: (1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s....

...r 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). Kelly II, 924 So.2d at 70 (quoting § 893.135(1), (5), Fla....

...c in the same narcotic cannot be stacked when they arise out of the same criminal episode. Notably, in Vickery, the First District clearly held that mandatory minimum sentences imposed for trafficking and conspiracy to traffic in cocaine pursuant to section 893.135 could only be imposed concurrently, not consecutively....

...*140 Turning to the instant case, it is our view that the plain language of the statutes permit the prescribed mandatory minimum sentences for conspiracy to traffic and trafficking in the same cocaine to be stacked. As quoted above, the conspiracy to traffic statute, section 893.135(5), provides that "[a]ny person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by [the trafficking statute] commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act." 893.135(5), Fla....

...By the plain wording of the statute, the Legislature provides that the punishment for a conspiracy to traffic offense should mirror that for an actual trafficking offense; the penalty for trafficking as prescribed in the applicable statute requires a mandatory minimum prison term of fifteen years. See § 893.135(1)(b)1.c....

...The conspiracy statute then specifically provides that "[n]othing in this [conspiracy] subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of [the trafficking statute]." 893.135(5)....

...datory minimum prison term. Accordingly, we find that the Fourth District was correct in concluding that Kelly's minimum mandatory sentences for conspiracy to traffic and trafficking in cocaine could have been imposed consecutively. CONCLUSION Since section 893.135, Florida Statutes, prescribes a separate fifteen-year mandatory minimum sentence for conspiracy to traffic in cocaine and for trafficking in cocaine, we agree with the Fourth District's conclusion that the trial court could have imposed these mandatory minimum sentences consecutively....

...State, 576 So.2d 783, 789 (Fla. 5th DCA 1991) ("Consecutive minimum mandatory sentences are not appropriate when the multiple offenses for which sentences are imposed are committed during a single continuous episode. This rationale is applicable to sentences imposed pursuant to section 893.135." (citing to Vickery and Palmer v....

...However, in view of the importance of the issues involved, we certify the following question to be of great public importance: Is provision I(C) of Administrative Order No. 3.003-9/83 inconsistent with rule 3.133(b), Fla.R.Crim.P.? DOWNEY and HERSEY, JJ., concur. NOTES [1] § 893.135(4), Fla....

resentencing consistent with this opinion. Section 893.135(l)(f)(l)(b), Florida Statutes (2015), provides

...See also § 775.082(9)(b) ("A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence."); § 893.135(3), Fla....

...Accordingly, we vacate the conviction and sentence for simple possession and remand with instructions to dismiss this count. Finally, the appellant argues that his sentence for the trafficking count cannot stand because the statute under which it was imposed, section 893.135, Florida Statutes, as amended by chapter 99-188, Laws of Florida, is unconstitutional for violating the single-subject rule....

...Count one of the information charged that on August 8, 2001, Padilla trafficked in more than 200 grams but less than 400 grams of cocaine. The written sentence indicates that the trial court imposed a seven-year mandatory minimum term of imprisonment pursuant to section 893.135(1)(b)(1)(b), Florida Statutes (2001). Count two of the information charged that on August 14, 2001, Padilla trafficked in more than 400 grams but less than 150 kilograms of cocaine. The trial court imposed a fifteen-year mandatory minimum on that count pursuant to section 893.135(1)(b)(1)(c)....

...ount three. Finally, count four of the information charged that on August 14, 2001, Padilla trafficked in more than 200 grams but less than 400 grams of cocaine. The trial court imposed a seven-year mandatory minimum term of imprisonment pursuant to section 893.135(1)(b)(1)(b)....

...the 1997 statute. See id. We certify conflict with the Fourth and Fifth District cases with which we disagreed in Green. Padilla is not entitled to relief on his claim that the fifteen-year mandatory minimum term of imprisonment imposed pursuant to section 893.135(1)(b)(1)(c) is an illegal sentence because that section was not affected by the amendments to section 893.135 contained in chapter 99-188. See Rowe v. State, 839 So.2d 916 (Fla. 2d DCA 2003). We therefore affirm the denial of this claim. Section 893.135(5) states: 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 *8 she had actually committed such prohibited act....

...iolation of this subsection and any violation of subsection (1). Thus, the trial court could only impose a fifteen-year mandatory minimum prison sentence if the information charged Padilla with conspiring to traffic in over 400 grams of cocaine. See § 893.135(1)(b)(1)(c). However, the information that is a part of our record charged that Padilla conspired to traffic in over twenty-eight grams of cocaine. Thus the trial court could only sentence Padilla as if he had actually committed the act prohibited by section 893.135(1)(b)(1)(a)....

possession of, 28 grams or more of cocaine.” § 893.135(1)(b)1, Fla. Stat. (2008). Conspiracy to commit

Florida Circuit Court concluded that Fla. Stat. § 893.135(l)(b), the cocaine trafficking provision, is unconstitutional

...onviction relief filed under Florida Rule of Criminal Procedure 3.850. I would reverse and remand with directions to the trial court to hold an evidentiary hearing on his motion. Gonzalez was charged with trafficking in 400 grams or more of cocaine, § 893.135(1)(b), Fla....

...Chemical tests she performed confirmed the powder contained cocaine. She also determined the substance in the Ziploc bag weighed 234.5 grams. Dr. Warniment did not—and does not—test for purity because the law does not require the lab to quantify the amount of cocaine in a given sample. Indeed, under section 893.135(1)(b)1, Florida Statutes (2009): 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....

...Jessie McGraw appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm without comment as to all but one of McGraw's claims. We reverse as to McGraw's claim that the fine imposed pursuant to section 893.135(1)(b)(1), Florida Statutes (1989), was illegal. McGraw claims that because he was sentenced as a habitual felony offender (HFO) and the HFO statute does not make an allowance for the imposition of a fine, the fine that was imposed as part of his sentence pursuant to section 893.135(1)(b)(1) was illegal....

...imposition of the fine required by chapter 893, that fine constituted an illegal sentence). Accordingly, we reverse the summary *244 denial of McGraw's claim and remand for the trial court to consider McGraw's claim that the fine imposed pursuant to section 893.135(1)(b)(1) is illegal in light of this court's holding in Floyd....

...On August 2, 2004, the circuit court sentenced him to fifteen years' imprisonment *1207 in each case. The sentences were designated to run concurrently. Mr. Velazquez's sentence in case number 03-7136 was subject to a fifteen-year mandatory minimum term because the quantity of cocaine involved was more than 400 grams. § 893.135(1)(b)(1)(c), Fla. Stat. (2002). The sentences in the other two cases included three-year mandatory minimum terms because the quantities of cocaine involved were 28 grams or more but less than 200 grams. § 893.135(1)(b)(1)(a)....

...Velazquez was, indeed, sentenced to the mandatory minimum of fifteen years in one case and concurrent mandatory minimum terms of three years in each of the other two cases. However, the record attachments do not show conclusively that he was ever advised that he faced a mandatory minimum sentence of fifteen years under section 893.135(1)(b)(1)(c), which would preclude any consideration of a lesser sentence....

...0 fine because he felt Hall precluded him from doing so. We note that Judge Foxman specifically suggested a reconsideration of Hall when he complied with its holding. Hall says a sentencing judge "complied with the mandatory sentencing provisions of § 893.135(1)(b)(1) when he imposed four year sentences" which exceeded the mandatory minimum of three years....

...5th DCA), rev. denied, 547 So.2d 1211 (Fla. 1989), the state contended the trial court had incorrectly sentenced the defendant because the entry on the standard sentencing form referring to the three-year minimum mandatory sentence for violation of section 893.135, Florida Statutes, was not marked....

...the term of years is recorded. Although the trial court in Hall had reached an erroneous conclusion, we affirmed the sentence on the reasoning that the minimum mandatory character of the sentence was inherent in a four-year sentence for violation of section 893.135(1)(b)1 and that the unmarking of the box on the form could not alter the minimum mandatory nature of a four-year sentence for violation of section 893.135(1)(b)1....

...I am concerned that the opinion of the majority suggests that the failure to mark the minimum mandatory box means that no minimum mandatory sentence was imposed. The mere fact that the judge has erroneously filled out the form by failing to mark the minimum mandatory box, does not mean a sentence for violation of section 893.135(1)(b)1 loses its minimum mandatory character....

...applicable guidelines sentence, the longer guidelines sentence should be imposed. The sentences and crimes involved in Hall and this case are identical: a 3 year mandatory minimum sentence and a 3 1/2 to 4 1/2 year guidelines sentence for violating section 893.135(1)(b)(1) (conspiracy to traffic in cocaine)....

...s include section 775.0823, Florida Statutes (1989), section 775.087(2), Florida Statutes (1989) and section 893.13, Florida Statutes (Supp. 1990) (as amended by Ch. 90-111, Laws of Florida, effective October 1, 1990). On the other hand, pursuant to section 893.135(3), Florida Statutes (1989), drug traffickers shall not "be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed in this section" — but gain time is not precluded....

...orm. A reiteration and explanation of Hall's holding would have the same desired effect as the opinion in the instant case. [4] COWART, J., concurs. COWART, Judge, dissenting. I concur in Judge Sharp's dissent. A criminal sentencing statute, such as section 893.135(1)(b)1., Florida Statutes, which provides that a person guilty of a certain offense "shall be sentenced to a mandatory minimum term of imprisonment of 3 calendar years" effects, controls and limits several aspects of sentencing and the service of sentences of confinement....

...drug trafficking offense who have not served the number of days equal to the minimum mandatory term less any jail-time credit awarded by the court, or who are serving the minimum mandatory portion of a sentence enhanced under section 775.087(2). [3] § 893.135 Fla....

...The state appeals from an order granting appellee's motion for a mitigated sentence and contends the trial court erred in reducing appellee's sentence because the record does not show that the state's refusal to move for a sentence reduction pursuant to section 893.135(4), Florida Statutes (1987), constituted bad faith or overreaching....

...And whatever the mildest words I can frame it under is the ones I have — I am going to use. Basically, I think it's a lack of — probably worked out to equal protection in the way this guy and the —... . In State v. Werner, 402 So.2d 386, 387 (Fla. 1981), the supreme court concluded that section 893.135 was not unconstitutionally infirm because "it vests the prosecutor with unbridled discretion when engaging in so called `post conviction information bargaining'." In Werner, the court pointed out: Additionally, section 893.135 does not directly abrogate the substantive rules of law governing plea bargaining and plea arrangements, and these rules should be followed, to the extent they can in a post-conviction context, by the parties and the trial judge....

...this transaction will not result in a denial of equal protection. See Senich. Accordingly, we reverse the sentence imposed by the trial court. We remand this cause and instruct the trial court to sentence appellee in accordance with Florida Statute, § 893.135....

trafficking in methamphetamine in violation of section 893.135, Florida Statutes, (Count 2) violated [the]

tracking the language of the applicable statute, section 893.135(l)(f), Florida Statutes (2006), the State inadvertently

...This case is a stronger case than Gibbs for rejecting a double jeopardy challenge because the second offense here is not simple possession as in Gibbs but possession with intent to sell/deliver. There are several ways to analyze the differences between these crimes. Pursuant to section 893.135(1)(b), Florida Statutes (1995), a person traffics in cocaine either by knowingly selling, delivering or bringing into this state 28 grams or more of cocaine or by being in actual or constructive possession of 28 grams or more of cocaine....

able to prove its case for trafficking.2 See § 893.135(l)(b), Fla. Stat. (2007) (defining the crime of

...an "unlisted offense" for purposes of severity ranking. See § 921.0022, Fla. Stat. (1998). A person who conspires to traffic in cocaine is guilty of a first degree felony and "is punishable as if he had actually committed such prohibited act." See § 893.135(5), Fla....

...Kennedy's assertion that conspiracy to traffic in cocaine is an "unlisted felony" completely overlooks section 777.04(4)(a), Florida Statutes (1998), which directs that a conviction for such an offense will be scored at one level below that of the underlying offense "except as otherwise *271 provided in Florida Statute § 893.135(5)." Under section 893.135, conspiracy to traffic in illegal drugs is to be treated for purposes of punishment as though the person had actually committed the act....

...Consequently, when the two statutes are read together, conspiracy to traffic in cocaine should be treated as a level 9 offense and cannot be deemed an unlisted felony. Significantly, at the time of the Preston decision, section 777.04(4)(a) did not provide an exception for section 893.135(5)....

...12, the offense of criminal conspiracy is ranked on the offense severity ranking chart ... one level below the offenses conspired to ..." § 777.04(b), Fla. Stat. (1993). The 1998 statute, promulgated subsequently to Preston, grants an exception for section 893.135(5). The change in statutory language demonstrates the legislative intent to treat conspiracies to traffic in cocaine, for offense severity chart ranking purposes, as dictated in section 893.135(5)....

...Consequently, the conspiracy charge should be treated as the substantive offense not only in terms of the felony degree of the crime but also in terms of its ranking on the offense severity ranking chart. See Johnson v. State, 715 So.2d 1017, 1018 (Fla. 2d DCA 1998) (stating that section 893.135 is "specifically exempted from the operation of § 777.04" and that under section 893.135 "criminal attempt is denominated of equal severity as the completed crime.")....

...ur hundred grams or more of cocaine. He seeks to reverse the judgment and sentence because the trial court denied his motion to withdraw his guilty plea entered pursuant to a plea bargain that also involved an agreement with the state as provided in section 893.135(3), Florida Statutes (1983)....

...ling his part of the bargain. Furthermore, Noon was requested to become an informant with regard to crimes as yet undetected and to set up new cases for the police. The legislature has not given the state the right to enter into such a plea bargain. Section 893.135(3) provides that the state may move for mitigation of sentence for one who provides substantial assistance in the identification, arrest or conviction of any of his accomplices, accessories, coconspirators or principals....

...At sentencing, defense counsel objected to Marrero's being sentenced as a HFO for attempted trafficking in heroin. The sentencing judge erroneously consulted a 2001 Florida Statutes book and determined that Marrero was eligible for a HFO sentence. However, Marrero's offenses were committed on January 5, 2000. Section 893.135 had been amended between the 1999 statute, which should have been used to sentence Marrero, and the 2001 statute, which was actually used to sentence him. Under the 1999 statute, Marrero would not have been eligible for a HFO sentence. See § 893.135(1)(b)(1)(c), Fla....

...Kruse, Assistant Attorney General, Tallahassee, for appellee. WOLF, C.J. Appellant challenges his conviction and sentence for trafficking in cocaine by having in his possession cocaine weighing 28 grams or more, but less than 200 grams, in violation of section 893.135, Florida Statutes....

...We determine that the state failed to prove the substance contained more than 28 grams of cocaine as alleged in the information. Hayes v. State, 750 So.2d 1 (Fla.1999); Ankiel v. State, 479 So.2d 263 (Fla. 5th DCA 1985). Although the state urges us to apply section 893.135(6), Florida Statutes (2001), which defines the weight of a controlled substance as the total weight of the mixture within which the controlled substance is contained, that section did not take effect until July 1, 2001, see chapter 20...

...Notwithstanding our decision here, we are not unaware of the question we certified in Hunter v. State, 531 So.2d 239 (Fla. 4th DCA 1988), nearly two years ago, as yet unanswered. We, therefore, certify the question again adding the additional language which we emphasize: DOES AN AGREEMENT UNDER SECTION 893.135(4) AS AMENDED, WHEREBY A CONVICTED DRUG TRAFFICKER WILL RECEIVE A SUBSTANTIALLY REDUCED SENTENCE IN EXCHANGE FOR SETTING UP NEW DRUG DEALS, VIOLATE THE HOLDING IN STATE V....

...t This instruction was adopted in 1981 and amended in 1989 [543 So. 2d 1205], and 2007 [969 So. 2d 245], and 2014. See also SC03-629 [869 So. 2d 1205 (Fla. 2004)]. 25.9 TRAFFICKING IN CANNABIS § 893.135(1)(a), Fla....

...a certain substance. 2. The substance was cannabis. 3. The cannabis [weighed more than 25 pounds] [constituted 300 or more cannabis plants]. If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., instructions on the following elements 1 and 2 should be given instead of elements 1 and 2 above....

...sell heroin but actually sold cannabis, instructions on elements 1 and 2 below would be given. 1. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla....

...See State v. Weller, 590 So. 2d 923 (Fla. 1991). If you find the defendant guilty of Trafficking in Cannabis, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that: Enhanced penalty. See § 893.135(1)(a)1.-3., Fla....

...document to see what type of trafficking was alleged. For example, if a defendant is charged only with Trafficking via Sale, then Possession of a Controlled Substance should not be given as a lesser-included offense. TRAFFICKING IN CANNABIS — 893.135(1)(a) CATEGORY CATEGORY TWO FLA. STAT. INS. ONE NO. Trafficking 893.135(1)(a)1 25.9 offenses requiring and 2 lower quantities of cannabis *Possession of *893.13(6) 25.7 Cannabis, if Trafficking via Possession is...

...So. 2d 917], 1989 [543 So. 2d 1205], 1997 [697 So. 2d 84], 2007 [969 So. 2d 245], and 2013 [112 So. 3d 1211], and 2014. See also SC03-629 [869 So. 2d 1205 (Fla. 2004)]. 25.10 TRAFFICKING IN COCAINE § 893.135(1)(b), Fla....

...a certain substance. 2. The substance was [cocaine] [a mixture containing cocaine]. 3. The [cocaine] [mixture containing cocaine] weighed 28 grams or more. If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., instructions on the following elements 1 and 2 should be given instead of elements 1 and 2 above....