Roberts v. State

OVERTON, Justice.

We have for review Roberts v. State, 677 So.2d 309 (Fla. 1st DCA 1996), in which the district court certified the following question as one of great public importance:

IF THE TRIAL COURT IMPOSES A SPLIT SENTENCE, MAY THE INCAR-CERATIVE PORTION. OF THE SENTENCE DEVIATE MORE THAN 25 PERCENT FROM THE RECOMMENDED GUIDELINES PRISON SENTENCE IF THE TRIAL COURT ■OTHERWISE COMPLIES WITH THE APPLICABLE STATUTES AND RULES IN IMPOSING THE DEPARTURE SENTENCE?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed, we an*1278swer the question in the affirmative and…