Florida District Courts of Appeal, 1986

Gonzalez v. State

Gonzalez v. State
Florida District Courts of Appeal · Decided December 23, 1986 · Baskin, Ferguson, Pearson
499 So. 2d 50; 12 Fla. L. Weekly 125; 1986 Fla. App. LEXIS 11064 (Southern Reporter, Second Series)

Gonzalez v. State

Opinion of the Court

PER CURIAM.

Subsequent to the sentencing in this case, and while this appeal was pending, the Florida Supreme Court answered the question presented, holding that a defendant's habitual offender status is not a suffi*51cient reason to depart upwards from a recommended guideline sentence. Whitehead v. State, 498 So.2d 863 (Fla. 1986). We treat the State’s motion to remand for correction of sentence as a confession of error.

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