Florida District Courts of Appeal, 1991

McLendon v. State

McLendon v. State
Florida District Courts of Appeal · Decided June 28, 1991 · Campbell, Hall, Lehan
581 So. 2d 254; 1991 Fla. App. LEXIS 6670; 1991 WL 115591 (Southern Reporter, Second Series)

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.

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