MICHAEL MARCHESE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1991-11-27
No. 90-3019
GLICKSTEIN, C.J., and HERSEY, J., concur., ANSTEAD, J., concurs specially with opinion.
588 So. 2d 1097 Florida District Court of Appeal, Fourth District (1991) Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

GLICKSTEIN, C.J., and HERSEY, J., concur. ANSTEAD, J., concurs specially with opinion.

Concurrence
ANSTEAD, Judge,

ANSTEAD, Judge,

specially concurring.

I agree that the trial court’s denial of appellant’s motion to suppress is justified under the holding in United States v. Puglisi, 723 F. 2d 779 (11th Cir.1984).

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    …equired application of the mandatory minimums, this court certified the issue to the supreme court in State v. Scates, 585 So. 2d 385 (Fla. 4th DCA 1991). However, other opinions of the court have not certified the issue. See, e.g., State v. Walker, 588 So. 2d 1097 (Fla. 4th DCA 1991). Notwithstanding the certification, it remains the judgment of the court that discretionary sentences below the prescribed mandatory minimum in such cases are unlawful. Additionally, issuing stays of the mandates in these appeals…
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