Albury v. State
Florida District Courts of Appeal
Albury v. State, 503 So. 2d 460 (1987)
12 Fla. L. Weekly 732; 1987 Fla. App. LEXIS 12041
Baskin, Ferguson, Pearson
Albury v. State
Opinion of the Court
The trial court departed from the recommended guidelines sentence of two-and-a-half to three-and-a-half years imprisonment and sentenced Albury to ten years imprisonment upon a finding that Albury was a habitual offender. In Whitehead v. State, 498 So.2d 863 (Fla. 1986), decided after the trial court imposed sentence on Albury, the Florida Supreme Court held that the habitual offender statute, § 775.084, Fla.Stat. (1985), is neither an alternative to guidelines sentencing nor an adequate reason for departure from the recommended guidelines sentence. Whitehead thus compels reversal of the sentence and a remand for
Reversed and remanded.
Reference
- Full Case Name
- Samuel ALBURY v. The STATE of Florida
- Cited By
- 4 cases
- Status
- Published