Opinion
No. 83500.
October 27, 1994.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fifth District — Nos. 92-1389, 92-2045, 92-2240 and 92-2796, Brevard County.
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioners.
Robert A. Butterworth, Atty. Gen., and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for respondent.
We review State v. Guilford, 633 So.2d 548 (Fla. 5th DCA 1994), in which the court certified the following as a question of great public importance:
IS THE REVERSE SPLIT SENTENCE A DOWNWARD DEPARTURE FROM THE GUIDELINES WHICH REQUIRES WRITTEN JUSTIFICATIONS?Id. at 551. We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution.
We answered the identical question in the affirmative in Disbrow v. State, 642 So.2d 740 (Fla. 1994). Accordingly, we approve the decision below.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.