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476 So. 2d 663

476 So.2d 663

10 Fla.L.Weekly 535

Docket No. 66471.

State v. Burch

STATE of Florida, Petitioner, v. George W. BURCH, Respondent.

Supreme Court of Florida

Decided September 26, 1985.

Supreme Court of Florida · decided 1985-09-26

Cited by 13 later decisions — most recently November 1993

13 state decisions

Relies on 476 So. 2d 158 - Albritton v. State · 476 So. 2d 165 - State v. Carney · 476 So. 2d 161 - State v. Young

Good law ✅— No negative treatment on recordhow we know

Decided 1985-09-26

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¶1Jim Smith, Atty. Gen. and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for petitioner.

¶2Michael E. Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

¶3SHAW, Justice.

¶4We have jurisdiction under article V, section 3(b)(4), of the Florida Constitution to answer the following certified question of great public importance:

*664 WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT HAS RELIED ON ONE OR MORE IMPERMISSIBLE REASONS FOR DEPARTING FROM THE SENTENCING GUIDELINES, AND HAS ALSO RELIED ON ONE OR MORE PERMISSIBLE REASONS, MAY THE APPELLATE COURT APPLY THE HARMLESS ERROR RULE AND AFFIRM THE SENTENCE?

¶5Burch v. State, 462 So.2d 548, 549 (Fla. 1st DCA 1985). We have answered the certified question in Albritton v. State, 476 So.2d 158 (Fla. 1985). See also State v. Carney, 476 So.2d 165 (Fla. 1985) and State v. Young, 476 So.2d 161 (Fla. 1985). We approve the decision below.

¶6It is so ordered.

¶7BOYD, C.J., and ADKINS, OVERTON, McDONALD and EHRLICH, JJ., concur.

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