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603 So. 2d 1274

603 So.2d 1274

17 Fla.L.WeeklySupp. 425

McLendon v. State

Supreme Court of Florida

Decided July 2, 1992

Supreme Court of Florida · decided 1992-07-02

Relies on 603 So. 2d 1270 - Bunney v. State · 581 So. 2d 254 - Brown v. State

Decided 1992-07-02

PER CURIAM.

¶1We have for review McLendon v. State, 581 So.2d 254, 255 (Fla. 2d DCA 1991), in which the district court of appeal certified the following question as one 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?

¶2We have jurisdiction based on article V, section 8(b)(4), Florida Constitution. We answered this same question in the affirmative in Bunney v. State, 603 So.2d 1270 (Fla.1992). Accordingly, we approve the decision below.

¶3It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur.SHAW, J., dissents.
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