Opinion
No. 79663.
September 24, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance.
Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., Joan Fowler, Bureau Chief, Sr. Asst. Atty. Gen., and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for respondent.
We review State v. Adderly, 596 So.2d 687 (Fla. 4th DCA 1992), in which the court subsequently certified the following question as being of great public importance:
MAY A TRIAL COURT PROPERLY DEPART FROM THE MINIMUM MANDATORY PROVISIONS OF SECTION 893.13(1)(e), FLORIDA STATUTES (1989), UNDER THE AUTHORITY OF SECTION 397.12, FLORIDA STATUTES (1989)?State v. Adderly, 602 So.2d 556 (Fla. 4th DCA 1992) (on motion for rehearing).
Upon the authority of Scates v. State, 603 So.2d 504 (Fla. 1992), we answer the certified question in the affirmative. We quash the decision below and remand with directions to reinstate Adderly's probation.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.