Fleming v. State
Fleming v. State
Opinion of the Court
Appellant, Dwight Fleming, appeals the nine-year term of imprisonment the trial court ordered him to serve when it resen-tenced him after this court vacated his initial sentence. 480 So.2d 715. Appellant contends that the trial court, contrary to this court’s order, failed to make written findings in support of appellant’s habitual offender status, and failed to issue written reasons for exceeding the guidelines.
At the sentencing hearing, the court found that the state had proved the requirements of the habitual offender statute, that appellant’s present offense had been committed within five years of a prior
The court’s written findings satisfied section 775.084, Florida Statutes (1984) since the court specified the two specific offenses it relied on when it found appellant was a habitual felony offender. However, the supreme court has now held that habitual offender status may not be used as a basis for departing from the guidelines. Whitehead v. State, 498 So.2d 868 (Fla. 1986).
We must, therefore, reverse appellant’s sentence and remand for resentencing pursuant to the recommended guidelines sentence.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.