Florida District Courts of Appeal, 1986

Albritton v. State

Albritton v. State
Florida District Courts of Appeal · Decided November 26, 1986 · Dell, Glickstein, Gunther
497 So. 2d 1329; 11 Fla. L. Weekly 2484; 1986 Fla. App. LEXIS 10859 (Southern Reporter, Second Series)

Albritton v. State

Opinion of the Court

PER CURIAM.

Appellant, James Norman Albritton, appeals his conviction and sentence for three counts of rape. We affirm the conviction but vacate the sentence and remand for resentencing because the trial court erred in using Albritton’s habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla. 1986).

AFFIRMED IN PART; REVERSED IN PART, AND REMANDED FOR RESEN-TENCING.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.

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