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497 So. 2d 1355

497 So.2d 1355

11 Fla.L.Weekly 2542

Robinson v. State

District Court of Appeal of Florida

Decided December 3, 1986

District Court of Appeal of Florida · decided 1986-12-03

Cited by 2 later decisions — most recently October 1991

2 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1986-12-03

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PER CURIAM.

¶1Appellant Frank S. Robinson appeals his conviction and sentence for burglary and petit theft. We affirm the conviction but vacate the sentence and remand for resentencing. First, the trial court erred by failing to include written reasons for departure from the sentencing guidelines. State v. Johnson, 486 So.2d 535 (Fla.1986). Second, the trial court erred in using Robinson’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 resentencing.

LETTS, GLICKSTEIN and DELL, JJ„ concur.
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