STATE OF FLORIDA, PETITIONER,
v.
CHARLES KOOPMAN, RESPONDENT
STATE OF FLORIDA, PETITIONER,
CHARLES KOOPMAN, RESPONDENT
519 So. 2d 613
Florida Supreme Court (1988)
Negative Treatment
Cited by 5 cases
Opinion of the Court
BARKETT, Justice.
We accepted jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution to answer the question of great public importance certified in Koopman v. State, 507 So. 2d 684, 686 (Fla. 2d DCA 1987):
May the quantity of drugs involved in possession or delivery of cocaine be used as a proper reason to support a valid departure from the sentencing guidelines?
In 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.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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…
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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.…
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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…
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- Atwaters v. State, 519 So. 2d 611 (Fla. 1988)
- Koopman v. State, 507 So. 2d 684 (Fla. 2d DCA 1987)