STATE v. TYNER

No. 69192.

506 So.2d 405 (1987)

STATE of Florida, Petitioner, v. Ronald Eugene TYNER, Respondent.

Supreme Court of Florida.

May 7, 1987.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Gary O. Welch, Asst. Atty. Gen., Tampa, for petitioner.

Dennis J. Rehak, Fort Myers, for respondent.


BARKETT, Justice.

We have for review Tyner v. State, 491 So.2d 1228 (Fla. 2d DCA 1986), in which the district court certified the following as a question of great public importance:

Is the court permitted to consider any factors relating to the instant offense as a basis for departure from the guidelines if such factors would have subjected the defendant to prosecution for a crime of which he has not been convicted...

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