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Florida District Courts of Appeal, 1991

Moten v. State

Moten v. State
Florida District Courts of Appeal · Decided May 31, 1991 · Frank, Hall, Scheb
579 So. 2d 916; 1991 Fla. App. LEXIS 5451; 1991 WL 90281 (Southern Reporter, Second Series)

Moten v. State

Opinion of the Court

PER CURIAM.

We affirm the judgment and sentence in this case, including the departure from the sentence recommended by sentencing guidelines. See Williams v. State, 568 So.2d 1276 (Fla. 2d DCA 1990). As in Williams, we certify to the Florida Supreme Court the following question of great public importance:

DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASIS FOR A DEPARTURE SENTENCE BEYOND THE ONE-CELL DEPARTURE PROVIDED IN THE SENTENCING GUIDELINES?
SCHEB, A.C.J., and FRANK and HALL, JJ.,- concur.

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