Dehart v. State

We reverse appellant’s habitual offender sentence and remand for resentencing within the sentencing guidelines. As we did in Johnson v. State, 589 So.2d 1370 (Fla. 1st DCA 1991), and Claybourne v. State, 600 So.2d 516 (Fla. 1st DCA 1992), we certify the following question as one of great public importance. Additionally, we note conflict between the cases cited above and Beaubrum v. State, 595 So.2d 254 (Fla. 3d DCA 1992), Jamison v. State, 583 *1345So.2d 413 (Fla. 4th DCA), rev. denied, 591 So.2d 182 (Fla.1991), McCall v. State, 583 So.2d 411 (Fla. 4th DCA 1991), juris, accepted, 593 So.2d 1052…