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498 So. 2d 867

498 So.2d 867

11 Fla.L.Weekly 570

Ferguson v. State

Supreme Court of Florida

Decided October 30, 1986

Supreme Court of Florida · decided 1986-10-30

Relies on 498 So. 2d 863 - Whitehead v. State · Vera v. State

Decided 1986-10-30

BARKETT, Justice.

¶1We have for review Ferguson v. State, 481 So.2d 924 (Fla. 2d DCA 1985) (on rehearing). In that case, the district court certified the following question as being of great public importance:

*868IS THE DETERMINATION OF A DEFENDANT AS A HABITUAL FELONY OFFENDER PURSUANT TO SECTION 775.084 A SUFFICIENT REASON FOR DEPARTURE FROM THE RECOMMENDED RANGE OF THE SENTENCING GUIDELINES?

¶2Id. at 925. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3This case is controlled by our decision in Whitehead v. State, 498 So.2d 863 (Fla.1986). Accordingly, we answer the certified question in the negative and remand this case to the district court with directions to remand to the trial court for resentencing.

¶4It is so ordered.

MCDONALD, C.J., and ADKINS, BOYD, EHRLICH and SHAW, JJ., concur.OVERTON, J., dissents.
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