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McLENDON v. STATE

No. 78320.

603 So.2d 1274 (1992)

Anthony Odell McLENDON, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 2, 1992.

Attorney(s) appearing for the Case

Howard J. Shifke of Howard J. Shifke, P.A., Tampa, for petitioner.

Robert A. Butterworth, Atty. Gen., and Stephen A. Baker and Peggy A. Quince, Asst. Attys. Gen., Tampa, for respondent.

PER CURIAM.

We have for review McLendon v. State, 581 So.2d 254, 255 (Fla. 2d DCA 1991), in which the district court of appeal certified the following question as one of great public importance:

IN SENTENCING FOR A FELONY WHERE THERE IS A CONTEMPORANEOUS CONVICTION OF AN UNSCORED CAPITAL FELONY, IS IT PROPER TO DEPART BASED ON THE DEFENDANT'S CAPITAL CONVICTION WHEN THE APPLICABLE GUIDELINES PROVIDE THAT VICTIM INJURY...

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