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498 So. 2d 415

498 So.2d 415

11 Fla.L.Weekly 620

Crapps v. State

Supreme Court of Florida

Decided November 26, 1986

Supreme Court of Florida · decided 1986-11-26

Cited by 1 later decisions — most recently February 1987

1 state decisions

Relies on 498 So. 2d 863 - Whitehead v. State · 483 So. 2d 896 - Vicknair v. State · 483 So. 2d 544 - Crapps v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-11-26

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BARKETT, Justice.

¶1We have for review Crapps v. State, 483 So.2d 544 (Fla. 1st DCA 1986), because of direct and express conflict with Vicknair v. State, 483 So.2d 896 (Fla. 5th DCA 1986), approved, 498 So.2d 416 (Fla.1986). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

¶2In Crapps, the First District held that a finding of habitual offender status is an adequate reason to depart from the sentencing guidelines. Since accepting jurisdiction in this case, we have decided that this is not an appropriate reason for departure. Whitehead v. State, 498 So.2d 863 (Fla.1986).

¶3Accordingly, we quash that portion of the district court’s opinion which permitted a departure because of a determination of habitual offender status and remand this case to the district court with directions to remand to the trial court for resentencing in accordance with Whitehead.

¶4It is so ordered.

MCDONALD, C.J., and ADKINS, BOYD, EHRLICH and SHAW, JJ., concur.OVERTON, J., dissents.
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