THE FLORIDA BAR, Complainant, v. Mark S. LEVINE, Respondent, 498 So. 2d 941

PER CURIAM. This disciplinary action is before us on the respondent’s tendered conditional guilty plea, a joint recommendation as to discipline and the uncontested report of the referee. We have jurisdiction,

article V,

section 15, Florida Constitution, and approve the findings and recommendations of the referee. Pursuant to

article XI, Rule 11.13(6)(

a) of the Integration Rule of The Florida Bar, respondent, Levine, filed a plea of guilty for consent judgment acknowledging violation of Disciplinary Rule 1-102(A)(6) (a lawyer shall not engage in conduct that adversely reflects on his fitness to practice law) in connection with his November 1985 conviction of the misdemeanor of personal use of cocaine. On November 7, 1985, after entering a plea of guilty, Levine was adjudicated guilty and sentenced to two years probation, fined $5,000 and ordered to perform 100 hours of legal services for the poor.

The referee recommends that Levine be found guilty in accordance with the consent judgment and that he be given a public reprimand with an appearance before the Board of Governors of The Florida Bar. We approve the report of the referee and adopt its recommendations as to guilt and discipline. Accordingly, respondent, Levine, is hereby ordered to appear before the Board of Governors for a public reprimand within a reasonable time after the issuance of this opinion. Judgment for costs in the amount of $150 is hereby entered against respondent, for which sum let execution issue. It is so ordered.

ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur. EHRLICH, J., dissents with an opinion, in which McDONALD, C.J., concurs.