Opinion
No. 78849.
February 27, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Second District — Case No. 90-03222 (Pinellas County).
Aubrey O. Dicus, Jr. and Margie I. Fraley of Battaglia, Ross, Hastings and Dicus, A Professional Association, St. Petersburg, for petitioner.
Robert A. Butterworth, Atty. Gen. and Michele Taylor, Asst. Atty. Gen., Tampa, for respondent.
We review Maguire v. State, 586 So.2d 1268 (Fla. 2d D.C.A. 1991), in which the district court of appeal certified the following as a question of great public importance:
DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASIS FOR A DEPARTURE SENTENCE BEYOND THE ONE-CELL DEPARTURE PROVIDED IN THE SENTENCING GUIDELINES?Id. at 1268. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
Though phrased in a different manner, this question has been answered negatively in our recent opinion in Williams v. State, 594 So.2d 273 (Fla. 1992). We quash the decision below to the extent that it conflicts with that opinion and remand the case for disposition consistent with that opinion.
It is ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.