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503 So. 2d 892

503 So.2d 892

12 Fla.L.Weekly 98

State v. Moultrie

Supreme Court of Florida

Decided February 5, 1987

Supreme Court of Florida · decided 1987-02-05

Relies on 498 So. 2d 863 - Whitehead v. State · 488 So. 2d 558 - Moultrie v. State

Decided 1987-02-05

EHRLICH, Justice.

¶1We have for review Moultrie v. State, 488 So.2d 558 (Fla. 5th DCA 1986), which expressly and directly conflicts with decisions of other district courts of appeal on the issue of whether habitual offender status, under section 775.084, Florida Statutes (1985), is a valid reason for departure from a presumptive guidelines sentence. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const.

¶2Consistent with our recent decision in Whitehead v. State, 498 So.2d 863 (Fla.1986), the district court below held that it is not. Accordingly, on the authority of Whitehead, we approve the decision below.

¶3It is so ordered.

*893McDONALD, C.J., SHAW and BARKETT, JJ., and ADKINS, J. (Ret.),.. concur.OVERTON, J., dissents.
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