Florida District Courts of Appeal, 1987

Albury v. State

Florida District Courts of Appeal · Decided March 10, 1987 · No. 86-769 · Baskin, Ferguson, Pearson

503 So. 2d 460; 12 Fla. L. Weekly 732; 1987 Fla. App. LEXIS 12041 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Reginald L. Bryant v. State of Florida (Fla. 2014)
Shull v. Dugger (Fla. 1987)
Morganti v. State (Fla. Dist. Ct. App. 1987)

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.

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 *461resentencing within the recommended guidelines.

Reversed and remanded.

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