ANNETTE JENKINS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ANNETTE JENKINS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
603 So. 2d 509
Florida Supreme Court (1992)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Upon the authority of Scates v. State, 603 So. 2d 504 (Fla.1992), we quash State v. Jenkins, 591 So. 2d 261 (Fla. 4th DCA 1991), and remand with directions to reinstate Jenkins’ probation.
It is so ordered.
BARKETT, C.J., and OVERTON, SHAW and KOGAN, JJ., concur. GRIMES, J., dissents with an opinion, in which HARDING, J., concurs.
McDONALD, J., dissents.
Dissent
GRIMES, Justice,
dissenting.
I dissent for the reasons expressed in my dissenting opinion in Scates v. State, 603 So. 2d 504 (Fla.1992).
HARDING, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Lucien Jean Francois, 650 So. 2d 1131 (Fla. 3d DCA 1995)…reatment in a program licensed by the Department of Health and Rehabilitative Services pursuant to § 397.12, Florida Statutes (1991). The State’s appeal follows. We affirm the downward departure sentence based on the authority of Nordberg v. State, 603 So. 2d 509 (Fla.1992). Additionally, we find, that although § 397.12, Florida Statutes (1991) was repealed effective October 1, 1993, the trial court still had the discretion, pursuant to § 397.705, Florida Statutes (1993),2 to impose a downward departure sent…
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State v. Bazil, 703 So. 2d 1151 (Fla. 4th DCA 1997)…ourt quashed a decision of this Court which had found that it was improper for a trial court to sentence the defendant to less than the mandatory minimum sentence required for the sale of cocaine within 1,000 feet of a school. See Nordberg v. State, 603 So. 2d 509 (Fla.1992). However, the statutes upon which the Scates and Nordberg decisions were based have undergone significant changes. In 1993, section 893.13(l)(e) was amended and renumbered, and section 397.12 was repealed with section 397.705 enacted in i…
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Branch v. State, 626 So. 2d 653 (Fla. 1993)…on 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 Jenkins on the authority of Scates. Jenkins v. State, 603 So. 2d 509 (Fla.1992). The instant ease is in the same posture as Scates and 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. It is so or…
Authorities Cited
- Carrick A. Scates v. State, 603 So. 2d 504 (Fla. 1992)
- State v. Smiley, 591 So. 2d 261 (Fla. 4th DCA 1991)