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ATWATERS v. STATE

No. 69555.

519 So.2d 611 (1988)

Donald Jerome ATWATERS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 28, 1988.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Norma J. Mungenast and Elizabeth Masters, Asst. Attys. Gen., Tallahassee, for respondent.

OVERTON, Justice.

This is a petition to review Atwaters v. State, 495 So.2d 1219 (Fla. 1st DCA 1986), in which the First District Court of Appeal held the quantity of drugs involved in the offense is a valid reason to depart from the guideline sentence. The court certified the following question as one of great public importance:

May the quantity of drugs involved in a crime be a proper reason to support departure...

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