Opinion
No. 89-00156.
June 28, 1991.
Appeal from the Circuit Court for Hillsborough County; M. William Graybill, Judge.
Howard J. Shifke of Howard J. Shifke, P.A., Tampa, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.
We 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 UNSCORED 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.