Florida District Courts of Appeal, 1987

Harrelson v. State

Harrelson v. State
Florida District Courts of Appeal · Decided January 6, 1987 · Barkdull, Hendry, Pearson
499 So. 2d 939; 12 Fla. L. Weekly 192; 1987 Fla. App. LEXIS 6215 (Southern Reporter, Second Series)

Harrelson v. State

Opinion of the Court

PER CURIAM.

Because Whitehead v. State, 498 So.2d 863 (Fla. 1986) (decided after sentence was pronounced in the present case), holds that the habitual offender statute cannot be used as an alternative to guidelines sentencing, the State has conceded that the defendant is. entitled to be resentenced. Accordingly, the sentence is reversed and the cause remanded for resentencing.

Reversed and remanded.

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