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STATE v. JENKINS

No. 90-2736.

596 So.2d 685 (1992)

STATE of Florida, Appellant, v. Howard JENKINS, Appellee.

District Court of Appeal of Florida, Fourth District.

January 22, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Mallorye Cunningham, Asst. Public Defender, West Palm Beach, for appellee.

EN BANC OPINION ON MOTION TO STAY

PER CURIAM.

We have considered en banc whether to stay the issuance of a mandate in each of several opinions of this court involving sentences imposed by trial courts below the three-year mandatory minimum requirements of section 893.13(1)(e)(1), Florida Statutes (1989). In each case, the trial court referred the defendant to a drug treatment program, applying section 397.12, Florida Statutes (1989).

Although this...

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