Martin v. State

ON MOTION TO RECALL MANDATE

JOANOS, Judge.

Appellant’s motion to recall mandate, which was filed prior to issuance of the mandate, has served to stay the mandate in this case. In essence, appellant’s motion sought reconsideration of the departure sentence imposed, in light of the supreme court’s opinion in Atwaters v. State, 519 So.2d 611 (Fla.1988), released contemporaneously with this court’s denial of appellant’s motion for rehearing. We deny the motion.

A jury found appellant guilty of conspiracy to traffic in more than 10,000 pounds of cannabis. Although the recommended guideline sentencing…