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552 So. 2d 337

552 So.2d 337

14 Fla.L.Weekly 2696

Goene v. State

District Court of Appeal of Florida

Decided November 22, 1989

District Court of Appeal of Florida · decided 1989-11-22

Cited by 2 later decisions — most recently March 1991

2 state decisions

Key passage — most relied on by later courts

“Are the holdings in Senior v. State, 502 So.2d 1360 (Fla. 5th DCA), rev. denied, 511 So.2d 299 (Fla. 1987); Katz v. State, 335 So.2d 608 (Fla. 2d DCA 1976); and Doe v. State, 492 So.2d 842 (Fla. 1st DCA 1986), valid, in light of the enactment of the sentencing guidelines, for the reason that a complete and accurate prior criminal record of a defendant is essential to a proper computation of a sentence under said guidelines?”

quoted by 1 later decision, including Goene v. State

Relies on United States v. DiFrancesco · 511 So. 2d 295 - Florida Bar v. Johnson · United States v. Bishop

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-22

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm the defendant’s conviction without discussion. We also affirm the defendant’s resentence and reject his argument that the trial court erred in vacating his original sentence and resentencing him to a greater sentence after learning that appellant had misrepresented his identity and criminal record at the original sentencing hearing. See State v. Burton, 314 So.2d 136 (Fla.1975); United States v. Di-*338Francesco, 449 U.S. 117, 101 S.Ct. 426, 66 L.Ed.2d 328 (1980); and United States v. Bishop, 774 F.2d 771 (7th Cir.1985).

¶2Nevertheless, we certify the following question to the Florida Supreme Court as being of great public importance:

Are the holdings in Senior v. State, 502 So.2d 1360 (Fla. 5th DCA), rev. denied, 511 So.2d 299 (Fla.1987); Katz v. State, 335 So.2d 608 (Fla. 2d DCA 1976); and Doe v. State, 492 So.2d 842 (Fla. 1st DCA 1986), valid, in light of the enactment of the sentencing guidelines, for the reason that a complete and accurate prior criminal record of a defendant is essential to a proper computation of a sentence under said guidelines?
ANSTEAD, GLICKSTEIN and GARRETT, JJ., concur.
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