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497 So. 2d 1329

497 So.2d 1329

11 Fla.L.Weekly 2484

Albritton v. State

District Court of Appeal of Florida

Decided November 26, 1986

District Court of Appeal of Florida · decided 1986-11-26

Relies on 498 So. 2d 863 - Whitehead v. State

Decided 1986-11-26

PER CURIAM.

¶1Appellant, James Norman Albritton, appeals his conviction and sentence for three counts of rape. We affirm the conviction but vacate the sentence and remand for resentencing because the trial court erred in using Albritton’s habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla.1986).

¶2AFFIRMED IN PART; REVERSED IN PART, AND REMANDED FOR RESEN-TENCING.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.
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