STATE OF FLORIDA, APPELLANT,
v.
CHUCK ADDERLY, APPELLEE

Fla. 4th DCA | 1992-04-01
No. 91-1295
DELL, GARRETT and FARMER, JJ., concur.
602 So. 2d 556 Florida District Court of Appeal, Fourth District (1992) Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.

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

PER CURIAM.

We 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 893.13(l)(e), FLORIDA STATUTES (1989), UNDER THE AUTHORITY OF SECTION 397.12, FLORIDA STATUTES (1989)?

DELL, GARRETT and FARMER, JJ., concur.

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Cited By

  • Chuck Adderly v. State, 605 So. 2d 459 (Fla. 1992)
    …ion as being of great public importance: 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)? State v. Adderly, 602 So. 2d 556 (Fla. 4th DCA 1992) (on motion for rehearing). Upon the authority of Scales v. State, 603 So. 2d 504 (Fla.1992), we answer the certified question in the affirmative. We quash the decision below and remand with directions to reinstate Adderly’s pro…

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