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489 So. 2d 855

489 So.2d 855

11 Fla.L.Weekly 1279

Anderson v. State

District Court of Appeal of Florida · decided 1986-06-06

Cited by 1 later decisions — most recently July 1986

1 state decisions

Relies on 467 So. 2d 779 - Whitehead v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-06-06

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MILLS, Judge.

¶1Anderson appeals from a sentence imposed following a conviction for armed burglary of a dwelling. He contends the trial court erred in departing from the sentencing guidelines. We disagree and affirm.

¶2On 21 September 1984, Anderson was found guilty by a jury of committing armed burglary of a dwelling. Under the sentencing guidelines, Anderson received a presumptive sentence of four and one-half to five and one-half years. The trial court, however, sentenced him to 15 years incarceration.

¶3In this regard, the trial judge entered an order classifying Anderson as a habitual offender pursuant to Section 775.084, Florida Statutes (1983), and “checked” off five reasons for the departure on the guidelines scoresheet.

¶4Anderson asserts that none of the reasons advanced by the trial court for departure from the guidelines are clear and convincing, and thus his sentence must be reversed. However, as was stated in Whitehead v. State, 467 So.2d 779 (Fla. 1st DCA 1985), whether the reasons supplied for deviating from the guidelines are valid or not is irrelevant when a defendant is properly classified as a habitual offender pursuant to Section 775.084(l)(a)(2). This fact alone is a clear and convincing reason for departure from the guidelines.

¶5Affirmed.

WENTWORTH and NIMMONS, JJ., concur.
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