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WILLIAMS v. STATE

No. 67380.

492 So.2d 1308 (1986)

Samuel T. WILLIAMS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied September 16, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Jim Smith, Atty. Gen. and Patricia Conners, Asst. Atty. Gen., Tallahassee, for respondent.

BARKETT, Justice.

We have for review Williams v. State, 471 So.2d 630 (Fla. 1st DCA 1985). In this case, the First District upheld Williams' departure sentence and certified the following question as being of great public importance:

WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT RELIED UPON A REASON OR REASONS THAT ARE IMPERMISSIBLE UNDER FLA.R.CRIM.P. 3.701 IN MAKING ITS DECISION TO DEPART FROM THE SENTENCING...

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