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WILLIAMS v. STATE

No. 90-01254.

573 So.2d 363 (1990)

James Michael WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 28, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm the judgment and guideline departure sentence in this case on the authority of Williams v. State, 568 So.2d 1276 (Fla.2d DCA 1990). As in Williams, we certify to the Florida Supreme Court the following question of great public importance:

DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASIS FOR A DEPARTURE SENTENCE BEYOND THE ONE-CELL DEPARTURE PROVIDED IN THE SENTENCING GUIDELINES...

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