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BRUMLEY v. STATE

No. 71247.

520 So.2d 275 (1988)

Ricky Thurman BRUMLEY, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 25, 1988.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., and A.E. Pooser, IV, Asst. Atty. Gen., Tallahassee, for respondent.

BARKETT, Justice.

In Brumley v. State, 512 So.2d 220 (Fla. 1st DCA 1987), the First District certified a question of great public importance already posed in Morganti v. State, 510 So.2d 1182, 1184 (Fla. 4th DCA 1987):

Whether, when the sole reason initially given for departure from the Guidelines was held to be valid by appellate courts at the time of sentencing but is...

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