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STATE v. CARNEY

No. 66163.

476 So.2d 165 (1985)

STATE of Florida, Petitioner, v. Timothy Lee CARNEY, Respondent.

Supreme Court of Florida.

August 29, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Thomas H. Bateman, III, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender, and Paula S. Saunders, Asst. Public Defender, Tallahassee, for respondent.

SHAW, Justice.

This cause is before us based on a certified question of great public importance. Carney v. State, 458 So.2d 13 (Fla. 1st DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The district court below addressed the question of appellate review of departures from sentencing guidelines where a trial court relies on both permissible and impermissible reasons for the departure. Applying a...

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