Marcott v. State

HARDING, Justice.

We have for review Marcott v. State, 635 So.2d 55, 57 (Fla. 1st DCA 1994), wherein the First District Court of Appeal certified the following question as one of great public importance:

Should the language in State v. Obojes, 604 So.2d 474 (Fla.1992), limiting the court’s holding exclusively to sexual offenses, be construed as permitting departure on the basis of heightened premeditation or calculation in sexual offenses generally, or should the holding be construed as limited strictly to the facts of that case, i.e., to sexual battery cases?

We have jurisdiction pursuant to…