Allen v. State

HARDING, Justice.

We have for review State v. Allen, 573 So.2d 170, 171 (Fla. 2d DCA 1991), in which the Second District Court of Appeal certified the following question to be of great public importance:

HAS THE 1988 AMENDMENT OF SECTION 775.084, FLORIDA STATUTES, ALTERED THE SUPREME COURT’S RULING IN BROWN, HOLDING THAT THE LEGISLATURE INTENDED SENTENCING UNDER SECTION 775.-084(4)(A) TO BE PERMISSIVE, RATHER THAN MANDATORY, AS STATED IN DONALD?

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

James Odell Allen (Allen) was convicted of possession of cocaine…