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500 So. 2d 217

500 So.2d 217

11 Fla.L.Weekly 2554

Central Bell v. State

District Court of Appeal of Florida

Decided November 3, 1986

District Court of Appeal of Florida · decided 1986-11-03

Cited by 4 later decisions — most recently October 2014

4 state decisions

Relies on 475 So. 2d 1218 - Hendrix v. State · 498 So. 2d 863 - Whitehead v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-11-03

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¶1ON MOTION FOR REHEARING

PER CURIAM.

¶2Appellant seeks rehearing on the Per Curiam Affirmance decision of this Court dated November 3, 1986, singularly contending that by the Florida Supreme Court’s opinion in Whitehead v. State, 498 So.2d 863 (Fla.1986), 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).

¶3We agree that Whiteheadis controlling authority and should be applied for appellant’s benefit, to invalidate the habitual offender finding as the primary reason for the trial judge’s departure from a guidelines sentence. Accordingly, appellant’s motion for rehearing is granted and the cause is remanded for resentencing within the guidelines, unless a valid written reason for departing from the guidelines is set forth.

¶4ERVIN, WIGGINTON and BARFIELD, JJ., concur.

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