Brooks v. State

SHAW, Justice.

These two decisions, both of which are reported as Brooks v. State, 456 So.2d 1305 (Fla. 1st DCA 1984), are before us based on a certified question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The certified question is the same as that which we addressed in State v. Young, 476 So.2d 161 (Fla.1985), and State v. Carney, 476 So.2d 165 (Fla.1985). The district court below addressed the question of appellate review of departures from sentencing guidelines where a trial court relies on both permissible and impermissible reasons for the departure.…