State v. Braxton
524 So. 2d 1020, 13 Fla. L. Weekly 330, 1988 Fla. LEXIS 598, 1988 WL 50193
Opinion
The Second District Court of Appeal, in Braxton v. State, 519 So.2d 60 (Fla. 2d DCA 1988), certified the following question as one of great public importance:
May the quantity of drugs involved in possession or delivery of cocaine be used as a proper reason to support a valid departure from the sentencing guidelines?
Id. at 61. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the same question in the negative in State v. Koopman, 519 So.2d 613 (Fla.1988), relying on our decision in Atwaters v. State, 519 So.2d 611 (Fla.1988). Accordingly, we approve the decision of the Second District in the instant case.
It is so ordered.
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State v. Braxton, 524 So. 2d 1020, 13 Fla. L. Weekly 330, 1988 Fla. LEXIS 598, 1988 WL 50193 (Fla. 1988).
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Related
State v. Koopman
519 So. 2d 613 (Supreme Court of Florida, 1988)
Atwaters v. State
519 So. 2d 611 (Supreme Court of Florida, 1988)
Braxton v. State
519 So. 2d 60 (District Court of Appeal of Florida, 1988)