State v. Davis (477 So. 2d 565, 1985)

OVERTON, Justice.

This is a petition to review Davis v. State, 458 So.2d 42 (Fla. 4th DCA 1984), remanding respondent’s case for resentenc-ing because the trial court used both permissible and impermissible reasons to depart from the sentencing guidelines. The district court certified the following question as a matter of great public importance:

If the scoresheets make provision for prior convictions, can those convictions also constitute clear and convincing reasons for aggravated punishment outside the guidelines?

Id. at 44. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answered that question in Hendrix v. State, 475 So.2d 1218 (Fla.1985), in which we held that, since prior convictions are already factored in as a part of the presumptive guidelines sentence, they may not be used as a clear and convincing reason for departure. See also Deer v. State, 476 So.2d 163 (Fla.1985); Gregory v. State, 475 So.2d 1221 (Fla.1985).

Accordingly, we approve the decision of the district court.

It is so ordered.

BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.