Opinion
Nos. 87-2762, 87-2763.
February 15, 1989. On Rehearing May 31, 1989.
Appeal from the Circuit Court for Broward County; M. Daniel Futch, Jr., Judge.
Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard G. Bartmon and Joan Fowler, Asst. Attys. Gen., West Palm Beach, for appellee.
AFFIRMED.
HERSEY, C.J., DOWNEY, J., and FRANK, RICHARD, Associate Judge, concur.
ON PETITION FOR REHEARING
Appellant's petition for rehearing is granted and the sentence appealed from is affirmed upon authority of Poore v. State, 531 So.2d 161 (Fla. 1988), and Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988).
Furthermore, we certify to the Supreme Court of Florida the following question as one of great public importance:
HAVING SENTENCED A DEFENDANT TO A TERM OF INCARCERATION FOLLOWED BY PROBATION OR COMMUNITY CONTROL, WITHOUT SUSPENSION OF ANY PART OF THE PERIOD OF INCARCERATION, MAY THE TRIAL COURT, AFTER A VIOLATION OF THE PROBATION OR COMMUNITY CONTROL, IMPOSE ANY SENTENCE THAT COULD HAVE BEEN ORIGINALLY IMPOSED WITH CREDIT FOR TIME SERVED AND WITHIN THE SENTENCING GUIDELINES UNLESS VALID REASONS FOR DEPARTURE ARE GIVEN?
HERSEY, C.J., DOWNEY, J., and FRANK, RICHARD, Associate Judge, concur.