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497 So. 2d 736

497 So.2d 736

11 Fla.L.Weekly 2406

Sharp v. State

District Court of Appeal of Florida

Decided November 18, 1986

District Court of Appeal of Florida · decided 1986-11-18

Relies on 475 So. 2d 1218 - Hendrix v. State · 487 So. 2d 1039 - State v. Cote · Kimbler v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-11-18

How this case has been cited

Cited by 93 later decisions — most recently March 2005 · most notably Harris v. State (1988), 732 So. 2d 1065 - Banks v. State (1999)

93 state decisions

680198619902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

WIGGINTON, Judge.

¶1Appellant challenges the trial court’s decision to depart from the recommended guidelines sentence on the basis of appellant’s status as a habitual felony offender. He also challenges the extent of the departure. We need not reach that second issue, however, as we reverse on the first in light of the supreme court’s very recent decision in Whitehead v. State, — So.2d-, Case No. 67,053 (Fla. Oct. 30, 1986), holding that a departure based on the criteria of the habitual offender statute is improper and in conflict with Hendrix v. State, 475 So.2d 1218 (Fla.1985). Accordingly, the cause is remanded for resentencing within the guidelines unless a valid written reason for departing from the guidelines is set forth.1

¶2REVERSED.

ERVIN and BARFIELD, JJ., concur.

¶3. Although not challenged on appeal, we note the remaining reason for departure was premised on "obvious and profound emotional shock and trauma” suffered by the victim. Because the offense to which appellant pled nolo conten-dere was robbery with aggravated battery, the court, in considering whether to depart for that reason should be cognizant of the holdings in Lerma v. State, 497 So.2d 736, (Fla.1986); State v. Cote, 487 So.2d 1039 (Fla.1986); and Williamson v. State, 496 So.2d 886 (Fla. 2d DCA 1986).

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