Branch v. State

Supreme Court of Florida

Branch v. State

626 So. 2d 653, 18 Fla. L. Weekly Supp. 570, 1993 Fla. LEXIS 1728, 1993 WL 433729

CourtSupreme Court of Florida

DecidedOctober 28, 1993

DocketNo. 81536

StatusPublished

This text of 626 So. 2d 653 (Branch v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Branch v. State, 626 So. 2d 653, 18 Fla. L. Weekly Supp. 570, 1993 Fla. LEXIS 1728, 1993 WL 433729 (Fla. 1993).

Pincite

Opinion

PER CURIAM.

We review State v. Branch, 613 So.2d 47 (Fla. 4th DCA 1991), in which the district court of appeal reversed a downward departure sentence on the authority of State v. Jenkins, 591 So.2d 261 (Fla. 4th DCA 1991). Because Jenkins was pending in this Court, we accepted jurisdiction of the instant ease under article V, section 3(b)(3) of the Florida Constitution. Jollie v. State, 405 So.2d 418 (Fla.1981).

In Scates v. State, 603 So.2d 504 (Fla.1992), this Court held that a trial judge may refer a defendant convicted under section 893.13(1)(e)(l), Florida Statutes (1989), to a drug abuse program pursuant to section 397.-12, Florida Statutes (1989), rather than impose a minimum three-year sentence. Thereafter, we vacated Jenkins on the authority of Scates. Jenkins v. State, 603 So.2d 509 (Fla.1992).

The instant ease is in the same posture as Scates and Jenkins. Therefore, we quash the decision below and remand with directions to reinstate Branch’s original sentence. We do not address the other point raised by Branch.

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.

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