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STATE v. POWELL

No. 89964.

703 So.2d 444 (1997)

STATE of Florida, Petitioner, v. Noah POWELL, III, Respondent.

Supreme Court of Florida.

November 20, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Petitioner.

James Marion Moorman, Public Defender and Allyn Biambalvo, Assistant Public Defender, Tenth Judicial Circuit, Clearwater, for Respondent.

SHAW, Justice.

We have for review State v. Powell, 696 So.2d 789 (Fla. 2d DCA 1997), wherein the court certified the following two questions:

1. IF THERE EXISTS A VALID REASON FOR A DOWNWARD DEPARTURE, MAY A TRIAL COURT IMPOSE A TRUE SPLIT SENTENCE IN WHICH THE ENTIRE PERIOD OF INCARCERATION IS SUSPENDED? 2. MAY A TRIAL COURT IMPOSE A TRUE SPLIT SENTENCE IN WHICH THE PERIOD OF COMMUNITY CONTROL AND/OR PROBATION...

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