State v. Dominguez
520 So. 2d 29, 13 Fla. L. Weekly 100, 1988 Fla. LEXIS 169, 1988 WL 10270
Procedural entryThis page is a short order in State v. Dominguez. Read the opinion of the Court — 12 Fla. L. Weekly 298 →
Opinion
We accepted jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution to answer the question of great public importance certified in Dominguez v. State, 508 So.2d 1316, 1318 (Fla. 1st DCA 1987):
May the quantity of drugs involved in a crime be a proper reason to support departure from the sentencing guidelines?
In Atwaters v. State, 519 So.2d 611 (Fla.1988), we held that the quantity of drugs involved in a crime cannot be a proper reason to support departure from the sentencing guidelines. Accordingly, we answer the certified question in the negative and approve the decision of the district court.
It is so ordered.
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State v. Dominguez, 520 So. 2d 29, 13 Fla. L. Weekly 100, 1988 Fla. LEXIS 169, 1988 WL 10270 (Fla. 1988).
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Related
Atwaters v. State
519 So. 2d 611 (Supreme Court of Florida, 1988)
Dominguez v. State
508 So. 2d 1316 (District Court of Appeal of Florida, 1987)