Opinion
No. 70913.
January 28, 1988. Rehearing Denied April 25, 1988.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance.
Michael E. Allen, Public Defender and Pamela D. Presnell, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for respondent.
We have for review Highsmith v. State, 508 So.2d 1289 (Fla. 1st DCA 1987), affirming petitioner's convictions and sentences and certifying the same question set out in VanTassell v. State, 498 So.2d 649 (Fla. 1st DCA 1986), quashed, 512 So.2d 181 (Fla. 1987), as a question of great public importance. The certified question is:
Does a trial court's statement, made at the time of departure from the sentencing guidelines, that it would depart for any one of the reasons given, regardless of whether both valid and invalid reasons are found on review, satisfy the standard set forth in Albritton v. State [ 476 So.2d 150, (Fla. 1985)]?
We answered the question in the negative in Griffis v. State, 509 So.2d 1104 (Fla. 1987). Accordingly, we quash the decision below and remand to the district court for review in light of our decision in Griffis.
It is so ordered.
McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.