Cauthen v. State

Supreme Court of Florida

Cauthen v. State

522 So. 2d 374, 13 Fla. L. Weekly 247, 1988 Fla. LEXIS 414, 1988 WL 27697

CourtSupreme Court of Florida

DecidedMarch 31, 1988

DocketNo. 71472

StatusPublished

Cited by1 cases

This text of 522 So. 2d 374 (Cauthen 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.

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Cauthen v. State, 522 So. 2d 374, 13 Fla. L. Weekly 247, 1988 Fla. LEXIS 414, 1988 WL 27697 (Fla. 1988).

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Opinion

OVERTON, Justice.

The First District Court of Appeal, in Cauthen v. State, 514 So.2d 75 (Fla. 1st DCA 1987), certified the following as a question of great public importance:

MAY THE QUANTITY OF DRUGS INVOLVED IN A CRIME BE A PROPER REASON TO SUPPORT DEPARTURE FROM THE SENTENCING GUIDELINES?

Id. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. We recently answered the same question in the negative in Atwaters v. State, 519 So.2d 611 (Fla.1988). Accordingly, we quash the decision of the First District in the instant case and remand for reconsideration consistent with our decision in Atwaters.

It is so ordered.

MCDONALD, CJ., and EHRLICH, SHAW, BARRETT, GRIMES and KOGAN, JJ., concur.

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