Opinion
Case No. 3D99-1367
Opinion filed July 5, 2000. Order Granting Motion for Certification and Denying Rehearing September 13, 2000 JANUARY TERM, A.D. 2000
An Appeal from the Circuit Court for Dade County, Lower Tribunal No. 97-13886, Barbara S. Levenson, Judge.
Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.
Before LEVY, GERSTEN and SHEVIN, JJ.
Affirmed. See Maddox v. State, Nos. SC92805, SC93000, SC93207, SC93966 (Fla. May 11, 2000); State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).
ON MOTION FOR REHEARING/CERTIFICATION
We deny defendant's motion for rehearing. We grant defendant's motion to certify the following question of great public importance:
WHERE A TRIAL COURT FAILS TO FILE WRITTEN REASONS IN SUPPORT OF A GUIDELINES DEPARTURE SENTENCE BUT, THEREAFTER, IN RESPONSE TO A FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(B) MOTION FILED BY DEFENDANT, DOES FILE WRITTEN REASONS JUSTIFYING THE DEPARTURE, IS DEFENDANT ENTITLED TO A REVERSAL AND A REMAND FOR A GUIDELINES SENTENCE, UNDER MADDOX v. STATE, 760 So.2d 89 (Fla. 2000)?
Question certified.