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STATE v. DAVIS

No. 66081.

477 So.2d 565 (1985)

STATE of Florida, Petitioner, v. Robert Gene DAVIS, Respondent.

Supreme Court of Florida.

October 17, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for petitioner.

Richard L. Jorandby, Public Defender and Tatjana Ostapoff, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for respondent.

OVERTON, Justice.

This is a petition to review Davis v. State, 458 So.2d 42 (Fla. 4th DCA 1984), remanding respondent's case for resentencing because the trial court used both permissible and impermissible reasons to depart from the sentencing guidelines. The district court certified the following question as a matter of great public importance:

If the scoresheets make provision for prior convictions, can those convictions...

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