History
  • No items yet
midpage
476 So. 2d 163
Fla.
1985
SHAW, Justice.

These two decisions, both of which are reported as Brooks v. State, 456 So.2d 1305 (Fla. 1st DCA 1984), are before us based on a certified question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The certified question is the same as that which we addressed in State v. Young, 476 So.2d 161 (Fla.1985), and State v. Carney, 476 So.2d 165 (Fla.1985). The district court below addressed the question of appellate review of departures from sentencing guidelines where a trial court relies on both permissible and impermissible reasons for the departure. Applying a harmless error analysis, the court concluded that “elimination of these impermissible reasons for deviation would have no effect upon the trial judge’s sentencing decision.” Brooks v. State, 456 So.2d at 1307. In so holding, the district court anticipated our own holding on the dispositive issue in Albritton v. State, 476 So.2d 158 (Fla.1985). We approve the decisions below.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.

Case Details

Case Name: Brooks v. State
Court Name: Supreme Court of Florida
Date Published: Aug 29, 1985
Citations: 476 So. 2d 163; 10 Fla. L. Weekly 479; 1985 Fla. LEXIS 3756; No. 66137
Docket Number: No. 66137
Court Abbreviation: Fla.
AI-generated responses must be verified and are not legal advice.
Log In