McLendon v. State
603 So. 2d 1274, 17 Fla. L. Weekly Supp. 425, 1992 Fla. LEXIS 1214, 1992 WL 148237
Opinion
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.
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McLendon v. State, 603 So. 2d 1274, 17 Fla. L. Weekly Supp. 425, 1992 Fla. LEXIS 1214, 1992 WL 148237 (Fla. 1992).
603 So. 2d 1274 (McLendon v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Bunney v. State
603 So. 2d 1270 (Supreme Court of Florida, 1992)
McLendon v. State
581 So. 2d 254 (District Court of Appeal of Florida, 1991)