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533 So. 2d 294

533 So.2d 294

13 Fla.L.Weekly 666

Fryson v. State

Supreme Court of Florida

Decided November 10, 1988

Supreme Court of Florida · decided 1988-11-10

Cited by 2 later decisions — most recently June 1994

2 state decisions

Relies on 476 So. 2d 158 - Albritton v. State · 509 So. 2d 1104 - Griffis v. State · 506 So. 2d 1117 - Fryson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-10

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KOGAN, Justice.

¶1We have for review Fryson v. State, 506 So.2d 1117 (Fla. 1st DCA 1987), in which the district court certified the following as a question of great public importance:

DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REASONS GIVEN, REGARDLESS OF WHETHER BOTH VALID AND INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARDS SET FORTH IN ALBRITTON v. STATE [476 So.2d 158 (Fla.1985) ]?

¶2Id. at 1120. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3We answered the certified question in the negative in Griffis v. State, 509 So.2d 1104 (Fla.1987). Because the district court correctly found both valid and invalid reasons, we disapprove the decision below as to this issue and direct the district court to remand to the trial court for resentencing. We confine our review to the issue certified by the district court, and thus do not address any other issues raised by the parties.

¶4It is so ordered.

EHRLICH, C.J., and OVERTON, MCDONALD, SHAW, BARKETT and GRIMES, JJ., concur.
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