EDWIN GOENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the defendant’s conviction without discussion. We also affirm the defendant’s resentence and reject his argument that the trial court erred in vacating his original sentence and resentencing him to a greater sentence after learning that appellant had misrepresented his identity and criminal record at the original sentencing hearing. See State v. Burton, 314 So. 2d 136 (Fla.1975); United States v. Di- Francesco, 449 U.S. 117, 101 S.Ct. 426, 66 L.Ed.2d 328 (1980); and United States v. Bishop, 774 F. 2d 771 (7th Cir.1985).
Nevertheless, we certify the following question to the Florida Supreme Court as being of great public importance:
Are the holdings in Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA), rev. denied, 511 So. 2d 299 (Fla.1987); Katz v. State, 335 So. 2d 608 (Fla. 2d DCA 1976); and Doe v. State, 492 So. 2d 842 (Fla. 1st DCA 1986), valid, in light of the enactment of the sentencing guidelines, for the reason that a complete and accurate prior criminal record of a defendant is essential to a proper computation of a sentence under said guidelines?
ANSTEAD, GLICKSTEIN and GARRETT, JJ., concur.
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Goene v. State, 577 So. 2d 1306 (Fla. 1991)…PER CURIAM. We have for review Goene v. State, 552 So. 2d 337, 338 (Fla. 4th DCA 1989), in which the district court certified the following question as one of great public importance: Are the holdings in Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA), rev. denied, 511 So. 2d 299 (Fla.1987); Katz v. State, 33…
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Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990)…ANSTEAD, Judge, specially concurring. I would certify the issue as to whether the trial court can use a corrected scoring sheet at a probation revocation hearing. Cf. Goene v. State, 552 So. 2d 337 (Fla. 4th DCA 1989).…
Authorities Cited
- United States v. DiFRANCESCO, 449 U.S. 117 (U.S. 1980)
- State v. Ollis Burton, 314 So. 2d 136 (Fla. 1975)
- Elliot Katz v. State, 335 So. 2d 608 (Fla. 2d DCA 1976)
- United States v. Bishop, 774 F.2d 771 (7th Cir. 1985)
- DOE v. State, 492 So. 2d 842 (Fla. 1st DCA 1986)
- Crews v. State, 502 So. 2d 1360 (Fla. 5th DCA 1987)
- Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA 1987)