Central Bell v. State

Florida District Courts of Appeal
Central Bell v. State, 500 So. 2d 217 (1986)
11 Fla. L. Weekly 2554; 1986 Fla. App. LEXIS 10413
Barfield, Ervin, Wigginton

Central Bell v. State

070rehearing

ON MOTION FOR REHEARING

PER CURIAM.

Appellant seeks rehearing on the Per Curiam Affirmance decision of this Court dated November 3, 1986, singularly contending that by the Florida Supreme Court’s opinion in Whitehead v. State, 498 So.2d 863 (Fla. 1986), a departure based on the criteria of the habitual offender statute is improper and in conflict with Hendrix v. State, 475 So.2d 1218 (Fla. 1985).

We agree that Whitehead is controlling authority and should be applied for appellant’s benefit, to invalidate the habitual offender finding as the primary reason for the trial judge’s departure from a guidelines sentence. Accordingly, appellant’s motion for rehearing is granted and the cause is remanded for resentencing within the guidelines, unless a valid written reason for departing from the guidelines is set forth.

ERVIN, WIGGINTON and BARFIELD, JJ., concur.

Opinion of the Court

PER CURIAM.

AFFIRMED.

ERVIN, WIGGINTON and BARFIELD, JJ., concur.

Reference

Full Case Name
CENTRAL BELL v. STATE of Florida
Cited By
5 cases
Status
Published