Jose Pastor petitions this Court to review his sentence for trafficking in cocaine. The Fourth District Court of Appeal, Pastor v. State,
May the quantity of drugs involved in a crime be a proper reason to support departure from the sentencing guidelines?
Id. at 965. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Because of our recent decision in Atwaters v. State,
Pastor was convicted of trafficking in cocaine and sentenced to 30 years imprisonment, a departure over the 15 year mandatory minimum sentence specified in the sentencing guidelines. The trial court gave the following reasons for departure:
a.The defendant traveled under a false name.
b. The defendant admitted to the police that he was a middleman drug dealer.
c. The defendant possessed approximately 7 times more than the amount of cocaine required for a 15 year mandatory minimum sentence. Specifically, the defendant possessed over 3,000 grams of cocaine (3 kilograms). A 15 year mandatory minimum sentence requires at least 400 grams.
In Atwaters v. State, supra, we held that “the quantity of drugs involved in a crime may not be utilized as a proper reason to support departure from the sentencing guidelines.”
Accordingly we answer the certified question in the negative, quash that portion of the district court’s opinion dealing with quantity of narcotics as a reason for sentence departure, approve the remainder of the opinion, and remand this case for resen-tencing consistent with this opinion.
It is so ordered.
Notes
Pastor, in his brief, raises issues concerning the suppression of evidence, the denial of a motion for continuance, and improper prosecutorial comment. We believe that the district court adequately addressed these issues on appeal, and, accordingly, we decline to review that decision beyond the scope of the certified question.
