Donald Lewis SMITH, Petitioner,
v.
STATE of Florida, Respondent.
Supreme Court of Florida.
Nancy A. Daniels, Public Defender and Kathleen Stover, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief Criminal Appeals and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for respondent.
PER CURIAM.
We have for review Smith v. State,
Do defendant's efforts to cover up a crime allow sentencing guidelines departure?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer in the negative consistent with our opinion in State v. Varner,
It is so ordered.
OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
BARKETT, C.J., concurs specially with an opinion.
BARKETT, Chief Justice, specially concurring.
Regardless of whether the concealment of a murder is a crime for which the defendant was not charged, a departure from the sentencing guidelines cannot be based on an inherent component of the crime in *188 question. State v. Mischler,
Although I agree with the majority that State v. Varner,
