State v. Stanley

519 So. 2d 613, 13 Fla. L. Weekly 57, 1988 Fla. LEXIS 124, 1988 WL 6022
Supreme Court of Florida·Decided January 28, 1988·No. No. 70788·Published·Cited by 2 cases

Opinion

BARKETT, Justice.

We have for review Stanley v. State, 507 So.2d 1131 (Fla. 5th DCA 1987), which notes express conflict with Mitchell v. State, 458 So.2d 10 (Fla. 1st DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

In Atwaters v. State, 519 So.2d 611 (Fla. 1988), we recently held that the quantity of drugs involved in a crime cannot be used as a reason to depart from the sentencing guidelines.

Accordingly, we approve the decision of the Fifth District and disapprove Mitchell.

It is so ordered.

McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Stanley, 519 So. 2d 613, 13 Fla. L. Weekly 57, 1988 Fla. LEXIS 124, 1988 WL 6022 (Fla. 1988).

519 So. 2d 613 (State v. Stanley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Sanchez v. State
533 So. 2d 1190 (District Court of Appeal of Florida, 1988)
State v. Koopman
519 So. 2d 613 (Supreme Court of Florida, 1988)