State v. Adderly

District Court of Appeal of Florida

Decided April 1, 1992

District Court of Appeal of Florida · decided 1992-04-01

Cited by 1 later decisions — most recently September 1992

1 state decisions

Key passage — most relied on by later courts

“MAY A TRIAL COURT PROPERLY DEPART FROM THE MINIMUM MANDATORY PROVISIONS OF SECTION 893.13(l)(e), FLORIDA STATUTES (1989), UNDER THE AUTHORITY OF SECTION 397.12, FLORIDA STATUTES (1989)?”

quoted by 1 later decision, including 605 So. 2d 459 - Adderly v. State

Relies on 585 So. 2d 385 - State v. Scates

Good law ✅— No negative treatment on recordhow we know

Decided 1992-04-01

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¶1ON MOTION FOR REHEARING AND/OR REQUEST TO CERTIFY QUESTION OF GREAT PUBLIC IMPORTANCE

PER CURIAM.

¶2We deny appellee’s motion for rehearing, but grant his motion to certify a question of great public importance. Accordingly, as this court did in State v. Scates, 585 So.2d 385 (Fla. 4th DCA 1991), we certify the following question to be of great public importance:

MAY A TRIAL COURT PROPERLY DEPART FROM THE MINIMUM MANDATORY PROVISIONS OF SECTION *557893.13(l)(e), FLORIDA STATUTES (1989), UNDER THE AUTHORITY OF SECTION 397.12, FLORIDA STATUTES (1989)?

DELL, GARRETT and FARMER, JJ., concur.