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522 So. 2d 340

522 So.2d 340

13 Fla.L.Weekly 100

Flournoy v. State

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 · 507 So. 2d 668 - Flournoy v. State

Decided 1988-02-11

PER CURIAM.

¶1We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution, based upon the district court’s certification of the following question:

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

¶2Flournoy v. State, 507 So.2d 668, 671 (Fla. 1st DCA 1987).

¶3We recently answered this question in the negative in Atwaters v. State, 519 So. 2d 611 (Fla.1988). Accordingly, we disapprove the decision below as to this issue and direct the district court to remand to the trial court for resentencing.

¶4It is so ordered.

*341McDonald, C.J., and OVERTON, ERHLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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