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504 So. 2d 791

504 So.2d 791

12 Fla.L.Weekly 903

Tyson v. State

District Court of Appeal of Florida · decided 1987-04-01

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

Decided 1987-04-01

PER CURIAM.

¶1The conviction appealed from is affirmed in all respects.

¶2While we find no error demonstrated in the trial court’s resorting to use of the habitual offender statute in sentencing appellant, that statute cannot be used as a basis for departure from the sentence authorized by the sentencing guidelines. Whitehead v. State, 498 So.2d 863 (Fla.1986). Furthermore, the trial court failed to set forth in writing its grounds for departure from the guidelines.

¶3Accordingly, the sentence is reversed and the cause is remanded to the trial court for resentencing according to law.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur.
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