McLendon v. State

Florida District Courts of Appeal
McLendon v. State, 581 So. 2d 254 (1991)
1991 Fla. App. LEXIS 6670; 1991 WL 115591
Campbell, Hall, Lehan

McLendon v. State

Opinion of the Court

PER CURIAM.

We affirm the judgments and sentences in this case, including the departure from the sentencing guidelines. See Bunney v. State, 579 So.2d 880 (Fla. 2d DCA 1991). As in Bunney, we certify to the Florida Supreme Court the following question of great public importance:

IN SENTENCING FOR A FELONY WHERE THERE IS A CONTEMPORANEOUS CONVICTION OF AN UNS-CORED CAPITAL FELONY, IS IT PROPER TO DEPART BASED ON THE DEFENDANT’S CAPITAL CONVICTION WHEN THE APPLICABLE GUIDELINES PROVIDE THAT VICTIM INJURY IS SCOREABLE?
CAMPBELL, A.C.J., and LEHAN and HALL, JJ., concur.

Reference

Full Case Name
Anthony Odell McLENDON v. STATE of Florida
Cited By
1 case
Status
Published