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520 So. 2d 29

520 So.2d 29

13 Fla.L.Weekly 100

State v. Dominguez

Supreme Court of Florida

Decided February 11, 1988

Supreme Court of Florida · decided 1988-02-11

Relies on 519 So. 2d 611 - Atwaters v. State · 508 So. 2d 1316 - Dominguez v. State

Decided 1988-02-11

PER CURIAM.

¶1We accepted jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution to answer the question of great public importance certified in Dominguez v. State, 508 So.2d 1316, 1318 (Fla. 1st DCA 1987):

May the quantity of drugs involved in a crime be a proper reason to support departure from the sentencing guidelines?

¶2In Atwaters v. State, 519 So.2d 611 (Fla.1988), we held that the quantity of drugs involved in a crime cannot be a proper reason to support departure from the sentencing guidelines. Accordingly, we answer the certified question in the negative and approve the decision of the district court.

¶3It is so ordered.

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