Florida District Courts of Appeal, 1987

Tyson v. State

Florida District Courts of Appeal · Decided April 1, 1987 · Downey, Gunther, Hersey

504 So. 2d 791; 12 Fla. L. Weekly 903; 1987 Fla. App. LEXIS 7457 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Tyson v. State (Fla. Dist. Ct. App. 1988)
Francis 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 conviction appealed from is affirmed in all respects.

While we find no error demonstrated in the trial court’s resorting to use of the habitual offender statute in sentencing appellant, that statute cannot be used as a basis for departure from the sentence authorized by the sentencing guidelines. Whitehead v. State, 498 So.2d 863 (Fla. 1986). Furthermore, the trial court failed to set forth in writing its grounds for departure from the guidelines.

Accordingly, the sentence is reversed and the cause is remanded to the trial court for resentencing according to law.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur.

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