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AGATONE v. STATE

No. 67611.

487 So.2d 1060 (1986)

Michael Angelo AGATONE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

May 1, 1986.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and D.P. Chanco, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for petitioner.

Jim Smith, Atty. Gen. and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for respondent.

EHRLICH, Justice.

We have for review Agatone v. State, 474 So.2d 846 (Fla. 2d DCA 1985) in which the district court certified the following 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 3.071 IN REACHING ITS DECISION TO DEPART FROM THE SENTENCING GUIDELINES, SHOULD THE APPELLATE...

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