State v. Head

Supreme Court of Florida

State v. Head

485 So. 2d 1285, 11 Fla. L. Weekly 166, 1986 Fla. LEXIS 1933

CourtSupreme Court of Florida

DecidedApril 10, 1986

DocketNo. 67493

StatusPublished

This text of 485 So. 2d 1285 (State v. Head) 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

State v. Head, 485 So. 2d 1285, 11 Fla. L. Weekly 166, 1986 Fla. LEXIS 1933 (Fla. 1986).

Pincite

Opinion

PER CURIAM.

We have jurisdiction under article V, section 3(b)(4), Florida Constitution, to answer the following certified question of great public importance:

WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT RELIED UPON A REASON OR REASONS THAT ARE IMPERMISSIBLE UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.701 IN MAKING ITS DECISION TO DEPART FROM THE SENTENCING GUIDELINES, SHOULD THE APPELLATE COURT EXAMINE THE OTHER REASONS GIVEN BY THE SENTENCING COURT TO DETERMINE IF THOSE REASONS JUSTIFY A DEPARTURE FROM THE GUIDELINES OR SHOULD THE CASE BE REMANDED FOR A RESENTENC-ING?

Head v. State, 473 So.2d 18, 19 (Fla.3d DCA 1985). We answered the identical question in State v. Young, 476 So.2d 161 (Fla.1985). Accord Albritton v. State, 476 So.2d 158 (Fla.1985). The decision below, consistent with holdings of this Court, is approved.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, MCDONALD, EHRLICH, SHAW and BARKETT, JJ.,' concur.

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