Taylor v. State
Taylor v. State
502 So. 2d 24; 12 Fla. L. Weekly 176; 1986 Fla. App. LEXIS 11149
(Southern Reporter, Second Series)
Taylor v. State
Opinion of the Court
It is reversible error-to impose a departure sentence under the sentencing guidelines without an accompanying written statement delineating reasons for the departure. Fla.R.Crim.P. 3.701(d)ll.; State v. Jackson, 478 So.2d 1054 (Fla. 1985). Also, the habitual offender statute, section 775.084, Florida Statutes (1985), may not be used as a basis for a departure sentence. Whitehead v. State, 498 So.2d 863, (Fla. 1986); Vicknair v. State, 483 So.2d 896 (Fla. 5th DCA), aff'd, 498 So.2d 416 (Fla. 1986). Accordingly, we vacate the defendant’s sentence and remand this case for resentencing.
SENTENCE VACATED; CAUSE REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.