Supreme Court of Florida, 1988

State v. Stanley

Supreme Court of Florida · Decided January 28, 1988 · Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

519 So. 2d 613; 13 Fla. L. Weekly 57; 1988 Fla. LEXIS 124; 1988 WL 6022 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Koopman (Fla. 1988)
Sanchez v. State (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.