MANDRI v. STATE

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Docket Number

Case No. 3D99-1367

Attorney(S)

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.

Judges

PER CURIAM.

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CARLOS MANDRI, Appellant, v. THE STATE OF FLORIDA, Appellee.

PER CURIAM.

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

PER CURIAM.

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.

CARLOS MANDRI, Appellant, v. THE STATE OF FLORIDA, Appellee.

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