Pastor v. State

KOGAN, Justice.

Jose Pastor petitions this Court to review his sentence for trafficking in cocaine. The Fourth District Court of Appeal, Pastor v. State, 498 So.2d 962 (Fla. 4th DCA 1986), certified to this Court the following question of great public importance:

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, 519 So.2d 611 (Fla.1988), we answer the certified question in the negative and quash the decision of…