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498 So. 2d 413

498 So.2d 413

11 Fla.L.Weekly 589

Payne v. State

Supreme Court of Florida

Decided November 13, 1986

Supreme Court of Florida · decided 1986-11-13

Cited by 4 later decisions — most recently September 1998

4 state decisions

Relies on 498 So. 2d 863 - Whitehead v. State · 480 So. 2d 202 - Payne v. State · 414 So. 2d 862 - Dean v. Guste

Good law ✅— No negative treatment on recordhow we know

Decided 1986-11-13

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PER CURIAM.

¶1This is a petition to review Payne v. State, 480 So.2d 202 (Fla. 1st DCA 1985), in which the district court held that the trial court did not err in considering Payne’s habitual offender status as a reason for departure from sentencing guidelines. We find conflict with Whitehead v. State, 498 *414So.2d 863 (Fla.1986).* While .we approve Payne’s conviction, we remand to the district court with directions to return this cause to the trial court for resentencing consistent with Whitehead.

¶2It is so ordered.

McDonald, C.J., and ADKINS, BOYD, EHRLICH, SHAW and BARKETT, JJ., concur.OVERTON, J., dissents with an opinion.

¶3We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

OVERTON, Justice,

¶4dissenting.

¶5I dissent for the reasons expressed in my dissent in Whitehead v. State, 498 So.2d 863 (Fla.1986).

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