Florida District Courts of Appeal, 1987

Albury v. State

Albury v. State
Florida District Courts of Appeal · Decided March 10, 1987 · Baskin, Ferguson, Pearson
503 So. 2d 460; 12 Fla. L. Weekly 732; 1987 Fla. App. LEXIS 12041 (Southern Reporter, Second Series)

Albury v. State

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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