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SMITH v. STATE

No. 72077.

536 So.2d 1021 (1988)

Riley SMITH, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied February 7, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for respondent.

McDONALD, Justice.

The Fifth District Court of Appeal certified the following question as one of great public importance:

DOES THE PRINCIPLE THAT GENERALLY, UPON REVERSAL OF A DEPARTURE SENTENCE, RESENTENCING MUST BE WITHIN THE PRESUMPTIVE GUIDELINES RANGE, BAR IMPOSITION OF A GREATER PRESUMPTIVE SENTENCE BASED UPON A REVISED SCORESHEET REFLECTING AS "PRIOR RECORD" ADDITIONAL CONVICTIONS OBTAINED AFTER THE FIRST...

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