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504 So. 2d 403

504 So.2d 403

12 Fla.L.Weekly 150

Massard v. State

Supreme Court of Florida

Decided March 26, 1987

Supreme Court of Florida · decided 1987-03-26

Relies on 501 So. 2d 1289 - Massard v. State · 498 So. 2d 868 - Bryan v. Century National Bank

Decided 1987-03-26

BARKETT, Justice.

¶1We took jurisdiction of Massard v. State, 501 So.2d 1289 (Fla. 4th DCA 1986), because of express and direct conflict with *404Whitehead v. State, 498 So.2d 868 (Fla.1986). Art. V, § 3(b)(3), Fla. Const.

¶2The Fourth District, in its opinion below, held that habitual offender status was a sufficient reason to depart from the guidelines. We subsequently held that this is not a permissible reason to depart. Whitehead, 498 So.2d at 867. Since the district court remanded for resentencing and the trial court now has the benefit of our decision in Whitehead, there is no need for our review.

¶3Accordingly, the petition for review is dismissed.

¶4It is so ordered.

McDonald, C.J„ and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
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