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MAGUIRE v. STATE

No. 78849.

594 So.2d 306 (1992)

Russell Ambler MAGUIRE, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 27, 1992.

Attorney(s) appearing for the Case

Aubrey O. Dicus, Jr. and Margie I. Fraley of Battaglia, Ross, Hastings and Dicus, A Professional Association, St. Petersburg, for petitioner.

Robert A. Butterworth, Atty. Gen. and Michele Taylor, Asst. Atty. Gen., Tampa, for respondent.

PER CURIAM.

We review Maguire v. State, 586 So.2d 1268 (Fla. 2d D.C.A. 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 1268. We have jurisdiction. Art. V, § 3(b)(4), Fla...

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