Florida District Courts of Appeal, 1986

Taylor v. State

Florida District Courts of Appeal · Decided December 31, 1986 · Cowart, Orfinger, Upchurch

502 So. 2d 24; 12 Fla. L. Weekly 176; 1986 Fla. App. LEXIS 11149 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Taylor v. State (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

UPCHURCH, C.J., and ORFINGER and COWART, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.