State v. Young

476 So.2d 161 (1985)

STATE of Florida, Petitioner,

v.

Brian Anthony YOUNG, Respondent.

No. 66257.

Supreme Court of Florida.

August 29, 1985.

Jim Smith, Atty. Gen., and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender, and Kenneth L. Hosford, Asst. Public Defender, Tallahassee, for respondent.

SHAW, Justice.

This cause is before us based on a certified question of great public importance:

WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT RELIED UPON A REASON OR REASONS THAT ARE IMPERMISSIBLE UNDER FLA.R.CR.P. 3.701 IN MAKING ITS DECISION TO DEPART…