State v. Scates, 90-3174

Decision Date21 August 1991
Docket NumberNo. 90-3174,90-3174
Citation585 So.2d 385
Parties16 Fla. L. Weekly D2203 STATE of Florida, Appellant, v. Carrick A. SCATES, Appellee.
CourtFlorida District Court of Appeals

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn Wynn, Asst. Atty. Gen., West Palm Beach, for appellant.

Norliza Batts, Law Offices of Norliza Batts, P.A., Fort Lauderdale, for appellee.

POLEN, Judge.

This appeal presents a factual scenario identical to those presented in State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991), and State v. Baxter, 582 So.2d 625 (Fla. 4th DCA 1991). On the authority of both Lane and Baxter, we reverse appellee's sentence and remand to the trial court with directions that appellee be sentenced to the minimum mandatory sentence. We also certify a question of great public importance.

Appellee pled guilty to purchasing cocaine within 1,000 feet of a school, in violation of section 893.13(1)(e), Florida Statutes (1989). Although the statute provides for a three-year minimum mandatory sentence, the trial court relied on section 397.12, Florida Statutes (1989), and State v. Herrin, 568 So.2d 920 (Fla.1990), to depart downward from appellee's sentencing guidelines score of three and one-half to four and one-half years, sentencing appellee to two years probation. Among the various reasons given for its downward departure, the court found that appellee had purchased one "rock" of cocaine intended for his personal use; the purchase of this rock took place while appellee was under the influence of alcohol; appellee suffered from substance abuse addictions; and appellee was both amenable to and capable of meaningful rehabilitation back into society.

This court has previously held that section 397.12 does not provide an exception to the minimum mandatory sentencing requirement of section 893.13(1)(e). Lane, 582 So.2d at 78. See also State v. Ross, 447 So.2d 1380 (Fla. 4th DCA), rev. denied, 456 So.2d 1182 (1984). Further, we recognize that Herrin concerned the 1987 version of section 893.13(1)(e), before the 1989 amendment which added the three year minimum mandatory clause to that section. However, we note Judge Anstead's special concurrence in State v. Liataud, 587 So.2d 1155 (Fla. 4th DCA 1991), and we are not unsympathetic to the premise that, but for this court's opinions in Lane, Baxter, and now Liataud, there would be sound reasoning to support the trial judge's actions concerning this appellee. Accordingly, we now certify to the Florida...

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19 cases
  • Scates v. State
    • United States
    • Florida Supreme Court
    • July 23, 1992
    ...So.2d 504, 77 Ed. Law Rep. 596, 17 Fla. L. Week. S467 Supreme Court of Florida. July 23, 1992. PER CURIAM. We review State v. Scates, 585 So.2d 385, 386 (Fla. 4th DCA1991), in which the court certified the following question as being of great public MAY A TRIAL COURT PROPERLY DEPART FROM TH......
  • State v. Robertson, 91-3433
    • United States
    • Florida District Court of Appeals
    • February 17, 1993
    ...is no discussion about section 948.01 in the supreme court's opinion in Scates or, for that matter, in our own opinion. State v. Scates, 585 So.2d 385 (Fla. 4th DCA 1991), quashed, 603 So.2d 504 (Fla.1992). Subsection (13) was added to section 948.01 after the commission of the crime in Sca......
  • State v. Manning
    • United States
    • Florida District Court of Appeals
    • March 25, 1992
    ...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 As we did in Scates, we certify the following question to the Supreme Court of F......
  • State v. Vola, 91-0273
    • United States
    • Florida District Court of Appeals
    • August 28, 1991
    ...to stay but certify as a question of great public importance the same question set out in this court's opinion in State v. Scates, 585 So.2d 385 (Fla. 4th DCA 1991). GLICKSTEIN, C.J., and ANSTEAD, J., LETTS, J., dissents without opinion. ...
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