Moten v. State

Full title: JOHN MOTEN, A/K/A DONNY WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: May 31, 1991

579 So. 2d 916 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02406.

May 31, 1991.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jorge Espinosa, Asst. Atty. Gen., Miami, for appellee.

PER CURIAM.

We affirm the judgment and sentence in this case, including the departure from the sentence recommended by sentencing guidelines. See Williams v. State, 568 So.2d 1276 (Fla. 2d DCA 1990). As in Williams, we certify to the Florida Supreme Court the following 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?

SCHEB, A.C.J., and FRANK and HALL, JJ., concur.