Hall v. State

HARDING, Justice.

We have for review a decision passing on the following question certified to be of great public importance:

IS THERE ANY LIMIT UPON A TRIAL JUDGE’S RIGHT TO IMPOSE A DEPARTURE SENTENCE UNDER THE GUIDELINES BASED SOLELY ON AN UNSCORABLE CRIMINAL OFFENSE COMMITTED AFTER THE CRIME BEING SENTENCED FOR, SUCH AS NOT DEPARTING BEYOND THE PERMISSIBLE SENTENCING RANGE, HAD THE LATER OFFENSE BEEN SCORED?

Hall v. State, 676 So.2d 84, 84 (Fla. 5th DCA 1996). The Fifth District Court of Appeal upheld the trial court’s departure sentence, but certified the question to this Court. We have…