State v. Jenkins

EN BANC OPINION ON MOTION TO STAY

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(l)(e)(l), 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 court consistently has required application of the mandatory minimums, this court certified the issue to the supreme court in State v. Scates, 585 So.2d 385…