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MANDRI v. STATE

District Court of Appeal of Florida, Third District.

Jul 5, 2000

Judgment

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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.