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HALL v. STATE

No. 95-2724.

676 So.2d 84 (1996)

Larry W. HALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 12, 1996.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Dee R. Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Larry W. Hall, Polk City, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm the judgment and sentence. However, we again certify the question posed in Harris v. State, 659 So.2d 1360 (Fla. 5th DCA 1995), review granted, 670 So.2d 938 (Fla. 1996), as being of public importance, to wit:

IS THERE ANY LIMIT UPON A TRIAL JUDGE'S RIGHT TO IMPOSE A DEPARTURE SENTENCE UNDER THE GUIDELINES BASED SOLELY ON AN UNSCORABLE CRIMINAL OFFENSE COMMITTED AFTER THE CRIME...

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