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513 So. 2d 1358

513 So.2d 1358

12 Fla.L.Weekly 2468

Wade v. State

District Court of Appeal of Florida

Decided October 21, 1987

District Court of Appeal of Florida · decided 1987-10-21

Cited by 3 later decisions — most recently October 2014

3 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1987-10-21

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PER CURIAM.

¶1The appellant, Geraldine Wade, seeks review of the trial court’s judgment and sentence. We affirm the judgment, but reverse the sentence imposed.

¶2The trial court departed from the recommended guidelines range based solely upon the appellant’s classification as a habitual offender. Subsequent to the trial court’s imposition of sentence, the Florida Supreme Court held that a defendant’s habitual offender status is an improper reason to depart from the sentencing guidelines. See Whitehead v. State, 498 So.2d 863 (Fla.1986).

¶3We, accordingly, reverse the trial court’s sentence and remand for resentencing within the recommended guidelines range. We affirm in all other respects.

¶4Affirmed in part, reversed in part, and remanded.

SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.
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