State v. Braxton

Supreme Court of Florida

State v. Braxton

524 So. 2d 1020, 13 Fla. L. Weekly 330, 1988 Fla. LEXIS 598, 1988 WL 50193

CourtSupreme Court of Florida

DecidedMay 19, 1988

DocketNo. 71894

StatusPublished

This text of 524 So. 2d 1020 (State v. Braxton) 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

State v. Braxton, 524 So. 2d 1020, 13 Fla. L. Weekly 330, 1988 Fla. LEXIS 598, 1988 WL 50193 (Fla. 1988).

Pincite

Opinion

OVERTON, Justice.

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.

MCDONALD, C.J., and EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

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