Donahue v. State

District Court of Appeal of Florida

Decided February 6, 1987

District Court of Appeal of Florida · decided 1987-02-06

Cited by 4 later decisions — most recently August 1989

2 federal appellate · 2 state decisions

Relies on 498 So. 2d 863 - Whitehead v. State · 500 So. 2d 217 - Central Bell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-02-06

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PER CURIAM.

¶1Appellant, Gary D. Donahue, appeals from the trial court’s upward departure from the sentencing guidelines based upon the habitual offender statute, § 775.084, Fla.Stat. (1985). Sentencing pursuant to the habitual offender statute will not support departure from the guidelines. Whitehead v. State, 498 So.2d 863 (Fla.1986).

¶2We affirm the conviction, vacate the sentence, and remand to the trial court for resentencing within the guidelines. The trial court may depart if there are valid reasons for departure other than treating Donahue as a habitual offender. See Bell v. State, 500 So.2d 217 (Fla. 1st DCA 1986).

RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.