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520 So. 2d 292

520 So.2d 292

12 Fla.L.Weekly 2240

Matire v. State

District Court of Appeal of Florida

Decided September 16, 1987

District Court of Appeal of Florida · decided 1987-09-16

Relies on 498 So. 2d 863 - Whitehead v. State · 515 So. 2d 748 - Shull v. Dugger

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-16

How this case has been cited

Cited by 5 later decisions — most recently June 2004

5 state decisions

30198719902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1We affirm the conviction. However, the state admits that in light of the holding in Whitehead v. State, 498 So.2d 863 (Fla.1986), decided subsequent to the sentencing proceedings below, a habitual offender status is not an adequate reason to depart from the sentencing guidelines. Therefore, the trial judge erred in departing from the guidelines on the basis of finding the defendant a habitual offender. Accordingly, we remand for sentencing within the guidelines range.

GLICKSTEIN and GUNTHER, JJ., and LUZZO, JOHN T., Associate Judge, concur.

¶2UPON MOTION FOR REHEARING

PER CURIAM.

¶3Appellant’s motion for rehearing is granted in part, and we delete from the last sentence of the first paragraph in the September 16, 1987, opinion in this case the closing clause, “unless the trial court states valid reasons for departure,” as well as the subsequent two paragraphs.

¶4This modification takes cognizance of the recent holding of the Florida Supreme Court that when the trial court’s only stated reason for departure from the guidelines sentencing range is invalid, resentenc-ing must be within the presumptive guidelines range. Shull v. Dugger, 515 So.2d 748, 750 (Fla.1987). Therefore, on remand, the trial court may not utilize new reasons to justify a departure from the recommended guidelines sentence.

¶5GLICKSTEIN and GUNTHER, JJ., and LUZZO, JOHN T., Associate Judge, concur.

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