Williams v. State

Full title: JAMES MICHAEL WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Dec 28, 1990

573 So. 2d 363 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-01254.

December 28, 1990.

Appeal from the Circuit Court for Lee County; William J. Nelson, Judge.

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment and guideline departure sentence in this case on the authority of 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?

SCHOONOVER, C.J., and CAMPBELL and FRANK, JJ., concur.