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WESSON v. STATE

No. 73605.

559 So.2d 1100 (1990)

Derrick J. WESSON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

March 29, 1990.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for respondent.

SHAW, Justice.

We have for review Wesson v. State, 535 So.2d 717, 718 (Fla. 5th DCA 1988), to answer the following certified question:

CAN A DEPARTURE SENTENCE ON ONE OFFENSE BE BASED ON THE DEFENDANT'S COMMISSION OF A SECOND OR SUBSEQUENT OFFENSE AS TO WHICH, AT THE TIME OF SENTENCING ON THE FIRST OFFENSE, THE DEFENDANT HAS NOT BEEN CONVICTED?

We have jurisdiction...

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