McLendon v. State

Supreme Court of Florida

McLendon v. State

603 So. 2d 1274, 17 Fla. L. Weekly Supp. 425, 1992 Fla. LEXIS 1214, 1992 WL 148237

CourtSupreme Court of Florida

DecidedJuly 2, 1992

DocketNo. 78320

StatusPublished

This text of 603 So. 2d 1274 (McLendon v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McLendon v. State, 603 So. 2d 1274, 17 Fla. L. Weekly Supp. 425, 1992 Fla. LEXIS 1214, 1992 WL 148237 (Fla. 1992).

Pincite

Opinion

PER CURIAM.

We have for review McLendon v. State, 581 So.2d 254, 255 (Fla. 2d DCA 1991), in which the district court of appeal certified the following question as one of great public importance:

IN SENTENCING FOR A FELONY WHERE THERE IS A CONTEMPORANEOUS CONVICTION OF AN UNS-CORED CAPITAL FELONY, IS IT PROPER TO DEPART BASED ON THE DEFENDANT’S CAPITAL CONVICTION WHEN THE APPLICABLE GUIDELINES PROVIDE THAT VICTIM INJURY IS SCOREABLE?

We have jurisdiction based on article V, section 8(b)(4), Florida Constitution. We answered this same question in the affirmative in Bunney v. State, 603 So.2d 1270 (Fla.1992). Accordingly, we approve the decision below.

It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, GRIMES, KOGAN and HARDING, JJ., concur. SHAW, J., dissents.

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