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513 So. 2d 764

513 So.2d 764

12 Fla.L.Weekly 2374

Munday v. State

District Court of Appeal of Florida

Decided October 7, 1987

District Court of Appeal of Florida · decided 1987-10-07

Relies on 476 So. 2d 158 - Albritton v. State · 498 So. 2d 863 - Whitehead v. State

Decided 1987-10-07

PER CURIAM.

¶1Appellant appeals raising several issues, only one of which merits discussion. In sentencing appellant, the trial court departed from the recommended range of the guidelines, giving as one of its reasons appellant’s status as a habitual offender. Subsequently, the Florida Supreme Court declared this to be an invalid reason for departure in Whitehead v. State, 498 So.2d 863 (Fla.1986). Accordingly, the cause is remanded to the trial court for resentenc-ing. Albritton v. State, 476 So.2d 158 (Fla.1985).

SMITH, C.J., and WENTWORTH and JOANOS, JJ., concur.
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