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503 So. 2d 460

503 So.2d 460

12 Fla.L.Weekly 732

Albury v. State

District Court of Appeal of Florida · decided 1987-03-10

Cited by 3 later decisions — most recently October 2014

3 state decisions

Relies on 498 So. 2d 863 - Whitehead v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-03-10

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PER CURIAM.

¶1The trial court departed from the recommended guidelines sentence of two-and-a-half to three-and-a-half years imprisonment and sentenced Albury to ten years imprisonment upon a finding that Albury was a habitual offender. In Whitehead v. State, 498 So.2d 863 (Fla.1986), decided after the trial court imposed sentence on Albury, the Florida Supreme Court held that the habitual offender statute, § 775.084, Fla.Stat. (1985), is neither an alternative to guidelines sentencing nor an adequate reason for departure from the recommended guidelines sentence. Whiteheadthus compels reversal of the sentence and a remand for *461resentencing within the recommended guidelines.

¶2Reversed and remanded.

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