State v. Stanley

Supreme Court of Florida

State v. Stanley

519 So. 2d 613, 13 Fla. L. Weekly 57, 1988 Fla. LEXIS 124, 1988 WL 6022

CourtSupreme Court of Florida

DecidedJanuary 28, 1988

DocketNo. 70788

StatusPublished

Cited by2 cases

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

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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.

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