STATE OF FLORIDA, PETITIONER,

v.

LEROY STANLEY, RESPONDENT

Citator

Cited By

• State v. Ashley, 549 So. 2d 226 (Fla. 3d DCA 1989)
  …er twenty-nine year old individual. The trial court’s second reason, the quantity of drugs in the defendant’s possession at the time of the offense, is also an invalid reason to depart. State v. Welker, 536 So. 2d 1017 (Fla.1988); State v. Koopman, 519 So. 2d 613 (Fla.1988); Atwaters v. State, 519 So. 2d 611 (Fla.1988); State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988); State v. Robinson, 530 So. 2d 1082 (Fla. 3d DCA 1988); State v. McCluster, 525 So. 2d 434 (Fla. 3d DCA 1988). [*227] The third reason, lack…
• Alvaro Lujan v. State, 543 So. 2d 1299 (Fla. 3d DCA 1989)
  …e. The quantity of drags involved in a crime may not be utilized as a proper reason to support departure from the sentencing guidelines. Atwaters v. State, 519 So. 2d 611 (Fla.1988); see Cauthen v. State, 522 So. 2d 374 (Fla.1988); State v. Stanley, 519 So. 2d 613 (Fla.1988); Hernandez v. State, 538 So. 2d 137 (Fla. 3d DCA 1989). Accordingly, the sentence is vacated and the cause is remanded for resentencing.…
• State v. Robinson, 530 So. 2d 1082 (Fla. 3d DCA 1988)
  …defendant’s successful completion of his prior probation coupled with the fact that he had never been incarcerated. Neither ground is permissible. A small amount of drugs involved as a ground for downward departure was rejected in State v. Koopman, 519 So. 2d 613 (Fla.1988). Cf Atwaters v. State, 519 So. 2d 611 (Fla.1988) (rejecting quantity of drugs as reason for upward departure). The first reason thus falls. Prior criminal history, including a prior probationary period whether satisfactorily performed or…

Authorities Cited

• Atwaters v. State, 519 So. 2d 611 (Fla. 1988)
• Mitchell v. State, 458 So. 2d 10 (Fla. 1st DCA 1984)
• Stanley v. State, 507 So. 2d 1131 (Fla. 5th DCA 1987)