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519 So. 2d 613

519 So.2d 613

13 Fla.L.Weekly 57

State v. Stanley

Supreme Court of Florida

Decided January 28, 1988

Supreme Court of Florida · decided 1988-01-28

Relies on 519 So. 2d 611 - Atwaters v. State · 458 So. 2d 10 - Mitchell v. State · 507 So. 2d 1131 - Stanley v. State

Decided 1988-01-28

BARKETT, Justice.

¶1We 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.

¶2In 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.

¶3Accordingly, we approve the decision of the Fifth District and disapprove Mitchell.

¶4It is so ordered.

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