Wesson v. State

SHAW, Justice.

We have for review Wesson v. State, 535 So.2d 717, 718 (Fla. 5th DCA 1988), to answer the following certified question:

CAN A DEPARTURE SENTENCE ON ONE OFFENSE BE BASED ON THE DEFENDANT’S COMMISSION OF A SECOND OR SUBSEQUENT OFFENSE *1101AS TO WHICH, AT THE TIME OF SENTENCING ON THE FIRST OFFENSE, THE DEFENDANT HAS NOT BEEN CONVICTED?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer in the negative and quash the decision of the district court.

Wesson pled guilty to grand theft of a motor vehicle and was placed on probation. Following his arrest (without conviction) for a…