¶1We review State v. Branch, 613 So.2d 47 (Fla. 4th DCA 1991), in which the district court of appeal reversed a downward departure sentence on the authority of State v. Jenkins, 591 So.2d 261 (Fla. 4th DCA 1991). Because Jenkinswas pending in this Court, we accepted jurisdiction of the instant ease under article V, section 3(b)(3) of the Florida Constitution. Jollie v. State, 405 So.2d 418 (Fla.1981).
¶2In Scates v. State, 603 So.2d 504 (Fla.1992), this Court held that a trial judge may refer a defendant convicted under section 893.13(1)(e)(l), Florida Statutes (1989), to a drug abuse program pursuant to section 397.-12, Florida Statutes (1989), rather than impose a minimum three-year sentence. Thereafter, we vacated Jenkinson the authority of Scates. Jenkins v. State, 603 So.2d 509 (Fla.1992).
¶3The instant ease is in the same posture as Scatesand Jenkins. Therefore, we quash the decision below and remand with directions to reinstate Branch’s original sentence. We do not address the other point raised by Branch.
¶4It is so ordered.