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STATE v. BURCH

No. 66471.

476 So.2d 663 (1985)

STATE of Florida, Petitioner, v. George W. BURCH, Respondent.

Supreme Court of Florida.

September 26, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

SHAW, Justice.

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

WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT HAS RELIED ON ONE OR MORE IMPERMISSIBLE REASONS FOR DEPARTING FROM THE SENTENCING GUIDELINES, AND HAS ALSO RELIED ON ONE OR MORE PERMISSIBLE REASONS, MAY THE APPELLATE COURT APPLY THE HARMLESS...

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