State v. Stanley

Supreme Court of Florida
State v. Stanley, 519 So. 2d 613 (Fla. 1988)
13 Fla. L. Weekly 57; 1988 Fla. LEXIS 124; 1988 WL 6022
Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

State v. Stanley

Opinion of the Court

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.

Reference

Full Case Name
STATE of Florida v. Leroy STANLEY
Cited By
2 cases
Status
Published