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MOTEN v. STATE

No. 90-02406.

579 So.2d 916 (1991)

John MOTEN, a/K/a Donny Williams, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 31, 1991.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jorge Espinosa, Asst. Atty. Gen., Miami, for appellee.

PER CURIAM.

We affirm the judgment and sentence in this case, including the departure from the sentence recommended by sentencing guidelines. See 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...

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