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MOTEN v. STATE

No. 78086.

594 So.2d 289 (1992)

John MOTEN, Etc., Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 6, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and Robert D. Rosen, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for petitioner.

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

PER CURIAM.

We review Moten v. State, 579 So.2d 916 (Fla. 2d DCA 1991), in which the district court of appeal certified the following as a 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?

Id. at 916. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const...

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