Opinion
No. 87-1968.
October 19, 1988.
Appeal from the Circuit Court for Broward County; Patti Englander Henning, Judge.
Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm but certify the following questions as issues of great public importance:
1. Is that portion of Chapter 87-110, Laws of Florida, which amends section 921.001(5), Florida Statutes, applicable to appellate review of sentences imposed for offenses committed prior to July 1, 1987?
2. Upon a revocation of probation because of the commission of a subsequent criminal act, may the conviction for the subsequent criminal act be utilized as a justification for departing from the sentencing guidelines?
ANSTEAD, LETTS and WALDEN, JJ., concur.