MARTIN v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

David Patrick MARTIN, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-1976

Decided: September 21, 2021

Mark H. Klein, of MHK Legal, PLLC, Coral Springs, for Appellant. No Appearance for Appellee.

AFFIRMED. See Rochester v. State, 140 So. 3d 973, 973 (Fla. 2014) (holding that section 775.082(3)(a)4., Florida Statutes, imposes a mandatory minimum sentence of twenty-five years' imprisonment for adults convicted of lewd or lascivious molestation of a child under the age of twelve); Kelley v. State, 309 So. 3d 306, 310–11 (Fla. 2d DCA 2020) (affirming defendant's twenty-five-year mandatory minimum prison sentence and recognizing that while the defendant, as a result of a plea agreement and with the consent of the State, initially received a sentence that included probation and without the mandatory minimum term of incarceration, once probation was unsuccessfully terminated, the trial court was required to sentence the defendant to the mandatory minimum sentence that could have been originally imposed).

PER CURIAM.

LAMBERT, C.J., SASSO and TRAVER, JJ., concur.

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