Taylor v. State

District Court of Appeal of Florida

Decided December 31, 1986

District Court of Appeal of Florida · decided 1986-12-31

Cited by 1 later decisions — most recently January 1988

1 state decisions

Relies on 478 So. 2d 1054 - State v. Jackson · 498 So. 2d 863 - Whitehead v. State · 483 So. 2d 896 - Vicknair v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-12-31

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PER CURIAM.

¶1It is reversible error-to impose a departure sentence under the sentencing guidelines without an accompanying written statement delineating reasons for the departure. Fla.R.Crim.P. 3.701(d)ll.; State v. Jackson, 478 So.2d 1054 (Fla.1985). Also, the habitual offender statute, section 775.084, Florida Statutes (1985), may not be used as a basis for a departure sentence. Whitehead v. State, 498 So.2d 863, (Fla.1986); Vicknair v. State, 483 So.2d 896 (Fla. 5th DCA), aff'd, 498 So.2d 416 (Fla.1986). Accordingly, we vacate the defendant’s sentence and remand this case for resentencing.

¶2SENTENCE VACATED; CAUSE REMANDED.

UPCHURCH, C.J., and ORFINGER and COWART, JJ., concur.