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511 So. 2d 716

511 So.2d 716

12 Fla.L.Weekly 2063

Zinnermon v. State

District Court of Appeal of Florida

Decided August 21, 1987

District Court of Appeal of Florida · decided 1987-08-21

Cited by 1 later decisions — most recently October 1989

1 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1987-08-21

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PER CURIAM.

¶1Appellant attacks both his judgment and sentence in this appeal. We affirm the judgment. However, we find merit in the point attacking the sentence.

¶2The trial court exceeded the guidelines for the sole reason that appellant was an habitual offender. Subsequent to the sentencing herein, the Florida Supreme Court decided Whitehead v. State, 498 So.2d 863 (Fla.1986), holding that a departure based on habitual offender status is invalid.

¶3*717Consequently, we reverse the sentence herein and remand for resentencing within the guidelines. Otherwise, affirmed.

DANAHY, C.J., and CAMPBELL and THREADGILL, JJ., concur.
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