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581 So. 2d 254

McLendon v. State

District Court of Appeal of Florida · decided 1991-06-28

Relies on 579 So. 2d 880 - Bunney v. State

Decided 1991-06-28

PER CURIAM.

¶1We 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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