State v. Manning, 91-0939

• Decision Date: 25 March 1992
• Docket Number: No. 91-0939,91-0939
• Citation: 595 So.2d 307
• Parties: 17 Fla. L. Weekly D803 STATE of Florida, Appellant, v. Michael John MANNING, Appellee.
• Court: Florida District Court of Appeals

Page 307

595 So.2d 307

17 Fla. L. Weekly D803

STATE of Florida, Appellant, v. Michael John MANNING, Appellee.

No. 91-0939.

District Court of Appeal of Florida,

Fourth District.

March 25, 1992.

Appeal from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellee.

PER CURIAM.

We reverse the downward departure sentence imposed upon appellant after his conviction of violation of sections 893.13(1)(e) and 893.03(2)(a)4, Florida Statutes (1991). See State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991), vacated on other grounds, Baxter v. Letts, 592 So.2d 1089 (Fla.1992). See also State v. Liataud, 587 So.2d 1155 (Fla. 4th DCA 1991), juris. accepted, No. 78,626, 593 So.2d 1052 (Fla. Feb. 12, 1991); State v. Baumgardner, 587 So.2d 1147 (Fla. 4th DCA 1991); State v. Scates, 585 So.2d 385 (Fla. 4th DCA 1991); State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991).

As we did in Scates, we certify the following question to the Supreme Court of Florida as one of great public importance:

MAY A TRIAL COURT PROPERLY DEPART FROM THE MINIMUM MANDATORY PROVISIONS OF SECTION 893.13(1)(e), FLORIDA STATUTES (1989), UNDER THE AUTHORITY OF THE DRUG REHABILITATION PROVISION OF SECTION 397.12, FLORIDA STATUTES (1989)?

Upon remand appellant shall be given the opportunity to withdraw his plea, entered in reliance on receiving the downward departure sentence.

REVERSED AND REMANDED.

HERSEY, GUNTHER and FARMER, JJ., concur.