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527 So. 2d 876

527 So.2d 876

13 Fla.L.Weekly 1456

Hardimon v. State

District Court of Appeal of Florida · decided 1988-06-22

Cited by 9 later decisions — most recently October 2006

9 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-22

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PER CURIAM.

¶1The trial court originally departed from the sentencing guidelines based solely upon *877a finding that appellant was a habitual offender. While the appeal was pending, the defendant moved this court to relinquish jurisdiction because of the supreme court’s decision in Whitehead v. State, 498 So.2d 863 (Fla.1986), holding that a departure sentence may not be based upon habitual offender status. The motion was not opposed and was granted.

¶2The trial court withdrew its original reason for departure, but again departed based upon the emotional trauma to the victim. We reverse and remand with directions that appellant be sentenced within the guidelines. See Shull v. Dugger, 515 So.2d 748 (Fla.1987); Brumley v. State, 520 So.2d 275 (Fla.1988), and Harris v. State, 520 So.2d 688 (Fla. 3d DCA 1988).

¶3REVERSED and REMANDED.

ANSTEAD, DELL and STONE, JJ., concur.
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