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506 So. 2d 1149

506 So.2d 1149

12 Fla.L.Weekly 1190

Allen v. State

District Court of Appeal of Florida · decided 1987-05-08

Cited by 1 later decisions — most recently August 1987

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1987-05-08

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ZEHMER, Judge.

¶1James Miller Allen appeals his conviction for burglary and his sentence, which departed from the guidelines. We find no merit to appellant’s evidentiary issue, and therefore affirm his conviction. The trial court departed from the sentencing guidelines based solely on appellant’s status as a habitual offender. At the time of appellant’s sentencing, the Florida Supreme Court had not yet decided Whitehead v. State, 498 So.2d 863 (Fla.1987). In view of that decision, the trial court’s reliance on appellant’s habitual offender status as a reason for departure from the guidelines was error. We therefore reverse the sentence and remand for resentencing. If the trial judge finds that there are other valid reasons to depart, he may do so.

¶2AFFIRMED in part, REVERSED in part, and REMANDED.

THOMPSON and BARFIELD, JJ., concur.
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